Bergin

Bergin v. McCall

Good Law
308 F. App'x 165
United States Court of Appeals for the Ninth CircuitJanuary 14, 2009No. 07-35801California310 words

Opinion

Lead Opinion

MEMORANDUM **

Patrick J. Bergin appeals pro se from the district court’s judgment for defendants in his 42 U.S.C. § 1983 action raising various constitutional claims against members of Oregon’s Board of Medical Examiners (“Board”) and other medical professionals. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Miller v. County of Santa Cruz, 39 F.3d 1030, 1032 (9th Cir.1994), and we affirm.

The district court properly granted summary judgment because Bergin’s claims were precluded by the Board’s order suspending Bergin’s medical license. See id. at 1037 n. 7 (“[W]e will give preclusive effect to the legal as well as the factual decisions of [state] administrative tribunals, if the courts of the state would do so and if the minimum requirements of (United States v. Utah Construction & Mining Co., 384 U.S. 394, 422 , 86 S.Ct. 1545 , 16 L.Ed.2d 642 (1966) ] are met.”); id. at 1033 (“The fairness requirements of Utah Construction are: (1) that the administrative agency act in a judicial capacity, (2) that the agency resolve disputed issues of fact properly before it, and (3) that the parties have an adequate opportunity to litigate.”); Chavez v. Boise Cascade…

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