James Murphy v. Nita Goss , 693 F. App'x 636 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 11 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAMES MICHAEL MURPHY, MD, No. 15-35397
Plaintiff-Appellant, D.C. No. 3:14-cv-01135-SI
v.
MEMORANDUM*
NITA GOSS, in her individual capacity as
Health Professionals Program Coordinator,
Oregon Medical Board; W. KENT
WILLIAMSON, in his individual capacity
as Board Chair of Oregon Medical Board;
KATHLEEN HALEY, as the Executive
Director of the Oregon Medical Board,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Oregon
Michael H. Simon, District Judge, Presiding
Submitted June 7, 2017**
Portland, Oregon
Before: TASHIMA, GOULD, and RAWLINSON, Circuit Judges.
Dr. James Murphy appeals a district court’s order granting summary
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
judgment in favor of Defendants Nita Goss, W. Kent Williamson, and Kathleen
Haley on Murphy’s due process and equal protection claims. Dr. Murphy contends
that Defendants knowingly made a false statement when reporting Dr. Murphy’s
discipline by the Oregon Medical Board to the National Practitioner Data Bank
(Data Bank). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
The district court did not err in concluding that Defendants are immune from
liability under 42 U.S.C. § 11137(c). The record contains no evidence that
Defendants knew that any information Goss submitted to the Data Bank in relation
to Dr. Murphy’s discipline was false.
AFFIRMED.
2