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MOORE v. WILLIAMSBURG REGIONAL HOSP.

No. 07-1966.

560 F.3d 166 (2009)

Blake H. MOORE, MD, Facs, Individually and as the Personal Representative of the Estate of Angela Lynn Moore; Kingstree Surgical Associates, LLC, Plaintiffs-Appellants, v. WILLIAMSBURG REGIONAL HOSPITAL; John Hales; Breton Juberg, MD; Evelyn Ansa, MD; Joel Bonaparte, MD; Bernadette Bonaparte, MD; Kenneth Johnson, MD; Steve Corey, DPM; Michelle Corey-Butterworth, DPM; Kevin Springle, MD; Gilbertas Rimkus, MD, Jointly and Severally, Defendants-Appellees, and Raymond Allen, MD; Bashir Obeidou, MD; Marion Riggs, Jointly and Severally, Defendants, Providence Hospital, Party in Interest.

United States Court of Appeals, Fourth Circuit.

Decided: March 12, 2009.

Attorney(s) appearing for the Case

ARGUED: Charles William Hinnant, Jr., Medicolegal Consultants, L.L.C., Anderson, South Carolina, for Appellants. Travis Dayhuff, Nelson, Mullins, Riley & Scarborough, L.L.P., Columbia, South Carolina, for Appellees. ON BRIEF: Stuart M. Andrews, Jr., Nelson, Mullins, Riley & Scarborough, L.L.P., Columbia, South Carolina, for Appellees Williamsburg Regional Hospital and John Hales; Marian Williams Scalise, Lydia L. Magee, Richardson, Plowden & Robinson, Myrtle Beach, South Carolina, for Appellees Breton Juberg, MD, Evelyn Ansa, MD, Joel Bonaparte, MD, Bernadette Bonaparte, MD, Kenneth Johnson, MD, Steve Corey, DPM, Michelle Corey-Butterworth, DPM, Kevin Springle, MD, and Gilbertas Rimkus, MD.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge DUNCAN and Judge AGEE joined.

OPINION

WILKINSON, Circuit Judge:

In this case, a physician brings multiple state law and federal due process claims against a hospital and its officials for suspending his staff privileges based on allegations that he had sexually abused his adopted daughter. While the scope of immunity under the Health Care Quality Improvement Act, 42 U.S.C. § 11101 et seq., certainly has limits, we think the immunity attaches to defendants under the circumstances...

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