Mishler

The issue presented for review in this case is whether the district court erred in denying the Nevada Board of Medical Examiners’ motion to dismiss for failure to state a claim based on the grounds of absolute immunity. We hold that while the Board is entitled to absolute immunity for its quasi-judicial acts, such protection does not extend to its ministerial acts. Because each of Dr. Mishler’s claims in his complaint relies upon both the quasi-judicial acts and ministerial acts, it was not error for the district court to deny the Board’s motion. We, therefore, affirm.

I. FACTS 1 AND PROCEDURAL HISTORY

This litigation has been ongoing for more than twelve years, and this is the fourth time this case has come up on appeal to the Ninth Circuit. From 1981 to 1985, Dr. Mishler practiced medicine as a neurosurgeon in Nevada. He spoke out against and reported certain improper conduct and practices of other doctors while practicing in Nevada. In 1985, he sought employment in Ohio. In April 1985, the Ohio Board of Medical Examiners (“Ohio Board”) contacted the Nevada State Board of Medical Examiners (“Nevada Board”) for a letter of verification regarding Mish-ler’s standing to practice…