ADKINS v. CHRISTIE

No. 06-13107.

488 F.3d 1324 (2007)

Russell E. ADKINS, M.D., Plaintiff-Appellant, v. Arthur P. CHRISTIE, Individually, and in his Official Capacity as the Administrator of Houston Medical Center, Anthony L. Alford, Individually and in his Official Capacity as Executive Director for Medical Affairs of Houston Medical Center, Daniel A. Deighton, Individually and in his Official Capacity as Chief of Staff and in his Official Capacity as a Member of the Medical Executive Committee at Houston Medical Center, Frederick W. Jennart, Individually and in his Official Capacity as a Member of the Medical Executive Committee at Houston Medical Center, David N. Harvey, M.D., Individually, and in his Official Capacity as a Member of the Medical Executive Committee at Houston Medical Center, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 12, 2007.


Attorney(s) appearing for the Case

Bernadette Crucilla, Althea L. Buafo, Buafo & Buafo & Associates, Macon, GA, for Adkins.

Paul Robert Koster, Cynthia M. Daley, Daley, Koster & LaVallee, LLC, Rush S. Smith, Jr., Hall, Booth, Smith & Slover, PC, Atlanta, GA, for Defendants-Appellees.

Kevin E. Grady, Jack Palmer Smith, III, Alston & Bird, LLP, Brian William Looby, Med. Ass'n of GA, Atlanta, GA, for Amici Curiae.

Before EDMONDSON, Chief Judge, and BIRCH and WILSON, Circuit Judges.


WILSON, Circuit Judge:

This appeal concerns an evidentiary privilege known as the "medical peer review privilege." The privilege seeks to protect from discovery and disclosure records containing performance reviews and assessments of physicians by their peers, primarily in connection with their practices at hospitals. The issue before us is whether to recognize the privilege in federal civil rights cases. The Fourth and...

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