Alan J. Mishler v. Nevada State Board of Medical Examiners

990 F.2d 1259 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alan J. MISHLER, Plaintiff-Appellant, v. NEVADA STATE BOARD OF MEDICAL EXAMINERS, Defendant-Appellee. No. 91-15369. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 16, 1992. Decided March 31, 1993. Before NORRIS, BEEZER and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Mishler brought this § 1983 action against the Nevada State Board of Medical Examiners ("Board"), the State of Nevada, and nine members of the Board. The district court granted appellee's 12(b)(6) motion, concluding that the nine Board members acting in their individual capacities enjoyed qualified immunity. 1 We reverse. 3 Qualified immunity shields discretionary actions, not ministerial ones. Green v. James, 473 F.2d 660, 661-62 (9th Cir.1973); Davis v. Scherer, 468 U.S. 183 , 196 n. 14 (1984). The complaint alleges that the Board members breached their ministerial duty to promptly respond to inquiries regarding the…