October 06th, 2018

US Court of Appeals for the Fifth Circuit Opinions
Barry v. Freshour

Docket: 17-20726
Opinion Date: October 5, 2018
Judge: Edith Brown Clement
Areas of Law: Civil Rights, Constitutional Law, Professional Malpractice & Ethics

Plaintiff, a physician licensed in Texas who worked part time at the Red Bluff Clinic in California, filed suit under 42 U.S.C. 1983, alleging violation of his Fourth Amendment rights when defendants, employees of the Texas Medical Board, executed an administrative subpoena instanter. The Fourth Circuit reversed the district court's dismissal and rendered judgment for defendants. The court held that plaintiff failed to establish a cognizable interest in the subpoenaed records and thus he could not assert a Fourth Amendment claim.

Read Opinion