Hason
Hason v. Medical Board of California
Opinion
Lead Opinion
Goodwin, J.
Dr. Michael J. Hason appeals the dismissal of his pro se complaint alleging discrimination based on disability in violation of the United States Constitution and Title II of the Americans with Disabilities Act [“ADA”]. We have jurisdiction pursuant to 28 U.S.C. § 1291 . For the reasons that follow we reverse and remand.
BACKGROUND
In March of 1995, Michael J. Hason, M.D., applied for a license to practice medicine in the state of California. In April of *1170 1998, the California Medical Board denied, for reasons of mental illness, Dr. Hason’s application for a medical license. Dr. Ha-son subsequently filed a pro se complaint in federal district court alleging violations of his rights under the United States Constitution (brought pursuant to 42 U.S.C. § 1983 ) and Title II of the ADA, 42 U.S.C. § 12132 . The complaint also alleged state law tort claims which are not at issue on this appeal.
Dr. Hason’s complaint named as defendants The Medical Board of the State of California [“The Medical Board”], the Department of Consumer Affairs of the State of California and its director, and various other individuals that were either members of or otherwise affiliated with the…