Saturday, May 5, 2007

Davis v. Knipp, et al. (Maryland U.S.D.C.) (Not Approved for Publication)

Signed May 1, 2007. Memorandum and Order by Judge J. Frederick Motz.

In response to a pro se action, State defendants filed a motion to dismiss or for summary judgment and were granted the motion to dismiss.

The Court found that Davis' claims arose out of a peer review process in which defendants were engaged, and the law is clear that to the extent Davis was seeking monetary damages against defendants, all of them were entitled to absolute immunity in connection with their peer review activities.

Further, to the extent Davis was seeking injunctive relief in connection with the peer review process (which is ongoing), it was appropriate for this Court to abstain under the Younger v. Harris Doctrine.

The full Memorandum is available in PDF.

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