OLSEN v. IDAHO STATE BD. OF MEDICINE

No. 02-35796.

363 F.3d 916 (2004)

Lorna A. OLSEN, Plaintiff-Appellant, v. IDAHO STATE BOARD OF MEDICINE; Idaho State Board of Medicine Board of Professional Discipline; Michael E. Estess, in his official capacity as member of the Idaho State Board of Professional Discipline, and in his individual and personal capacity; Jane Doe Estess, in her individual and personal capacity; Darlene Thorsted, Executive Director of the Idaho State Board of Medicine in her official capacity, and in her individual and personal capacity; John Doe Thorsted, in his individual and personal capacity; Jane Bennett-Munro, M.D., in her official capacity and in her individual and personal capacities; John Doe Munro, in his individual and personal capacity; Michael E. Bell, M.D., in his official capacity and in his individual and personal capacities; Jane Doe Bell, in her individual and personal capacities; Donald R. Bjornson, in his official capacity and in his individual and personal capacities; Jane Doe Bjornson, in her individual and personal capacities; Kathleen Brodie, in her official capacity and in her individual and personal capacities; John Doe Brodie, in his individual and personal capacities; James R. Swartley, M.D., in his official capacity and in his individual and personal capacities; Jane Doe Swartley, in her individual and personal capacities; David Anderson, M.D., in his official capacity and in his individual and personal capacities; Jane Doe Anderson, in her individual and personal capacities; Nancy Kerr, in her official capacity and in her individual and personal capacities; John Doe Kerr, in his individual and personal capacities; Cathy Delany, in her official capacity and in her individual and personal capacities; John Doe Delany, in his individual and personal capacities; Jean Uranga, in her official capacity and in her individual and personal capacities; John Doe Uranga, in his individual and personal capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 7, 2004.


Attorney(s) appearing for the Case

Brett M. Hager, Sanders & Parks, P.C., Phoenix, AZ, for the plaintiff-appellant.

James D. Carlson, Deputy Attorney General, Boise, ID, for the defendants-appellees.

David R. Lombardi, Givens Pursley LLP, Boise, ID, for defendant-appellee Jean Uranga.

Emily A. Durkee, Givens Pursley LLP, Boise, ID, for defendant-appellee Jean Uranga.

Before: TROTT, FISHER, and GOULD, Circuit Judges.


TROTT, Circuit Judge:

Lorna A. Olsen brought this action against the Idaho State Board of Medicine ("Board"), the Idaho State Board of Professional Discipline ("BOPD"), the individual members and counsel of the Board and BOPD, and the Executive Director of the Board (collectively "appellees"), alleging both state law and federal statutory and constitutional violations. Specifically, Olsen alleges that beginning in 1996, appellees...

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