5th Circ. Revives Doc's Illegal Search And Seizure Suit
Law360 (March 13, 2018, 6:22 PM EDT) -- The Fifth Circuit on Tuesday revived claims by a doctor whose license was suspended by the Texas Medical Board that a board investigator violated his constitutional rights by conducting a warrantless search and seizure of records in his Houston office.
A three-judge panel disagreed with board investigator Mary Chapman’s contention that as a governmental agent carrying out an official task, she was immune from being sued civilly. It also found Joseph Cotropia alleged sufficient facts to show that Chapman violated his right to review an administrative subpoena before a neutral third-party decision maker, remanding the case for further proceedings.
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