In Gorelik v. Costin, No.09-1192, the First Circuit faced a challenge to the district court's judgment in favor of the defendants in plaintiff's 42 U.S.C. section 1983 suit against the president of the New Hampshire State Board of Medicine, arising from the Board's mischaracterization of plaintiff's temporary license as disciplinary action rather than as "Board action" and posted on the Board's website and in newsletters.
In affirming the judgment of the district court , the court held that the issuance of plaintiff's temporary license and the posting of the newsletter labeling it a "disciplinary action" occurred eleven years before filing of the complaint, which is well outside the limitations period. Therefore, dismissal of claims based on the mischaracterization was proper. Also, plaintiff has failed to identify any retaliatory decision or action by the Board in response to her attempts to avail herself of administrative remedies.
- Full text of Gorelik v. Costin