Cameron E. Berry v. Gerson Hollander, Ted Galey, Perry Norman, W. Paul Nichol, and A.B. Carr

Cameron E. Berry was a pathologist employed by the Veterans Administration (“VA”). He alleges defendants conspired to violate his First and Fifth Amendment rights by (1) suspending his clinical privileges, (2) conducting a clandestine “peer review” of his pathology reports, and (3) driving Berry from his job. The district court granted summary judgment for defendants, finding Berry’s claims were precluded because he had available remedies under the statutory scheme which covers VA employees in the Department of Medicine and Surgery (“DMS”). We affirm.

I

Berry was hired by the VA in April, 1983 as the Chief of Laboratory Services at the Roseburg Veterans Medical Center (“RVMC”) in Oregon. He soon became aware of incidents of possible malpractice in the surgery department, which he reported for investigation. Berry alleges that none of the numerous cases he reported for further investigation were ever considered by the Clinical Executive Board, as required by RVMC bylaws. Unsatisfied with the internal response to his concerns, Berry later reported the alleged malpractice to organizations outside RVMC.

In 1985, after several years of conflict between Berry and the surgery…