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HACHAMOVITCH v. DeBUONO

Docket No. 97-9065

159 F.3d 687 (1998)

Moshe HACHAMOVITCH, M.D., Plaintiff-Appellant, v. Barbara A. DeBUONO, as Commissioner of Health, NYS Dept. of Health; Kathleen Tanner, as Director of the Office of Professional Medical Conduct, NYS Dept. of Health; Charles Vacanti, M.D., as Chairman of the Board for Professional Medical Conduct, NYS Dept. of Health; Jonathan M. Brandes, as Administrative Law Judge, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 16, 1998.

Attorney(s) appearing for the Case

John F. Shea, III, Riverhead, NY (Stephen B. Latham, David M. Dubin, Twomey, Latham, Shea & Kelley, LLP, on the brief), for Plaintiff-Appellant.

Michael S. Popkin, Assistant Attorney General, New York, NY (Dennis C. Vacco, Attorney General, John W. McConnell, Deputy Solicitor General, Thomas D. Hughes, Assistant Solicitor General, Barbara K. Hathaway, Assistant Attorney General, on the brief), for Defendants-Appellees.

Before: WALKER, JACOBS and CALABRESI, Circuit Judges.

JACOBS, Circuit Judge:

Following state proceedings in which his medical license was suspended, plaintiff-appellant Moshe Hachamovitch, M.D., sued officials of New York State under 42 U.S.C. § 1983, alleging that certain physician disciplinary procedures are so deficient as to violate due process. The United States District Court for the Southern District of New York (Wood, J.) refused to exercise jurisdiction, relying on the Rooker-Feldman doctrine...

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