Abcarian v. McDonald

Dist. Ct. did not err in dismissing Section 1983 action by plaintiff-physician and university professor alleging various violations of his constitutional rights when, according to plaintiff, defendants-university employees conspired to settle and report to state and federal authorities underlying medical malpractice action against plaintiff in effort to destroy his reputation and career and to retaliate against him for expressing criticism on matters within medical department. Dismissal of plaintiff’s retaliation claim was proper under Garcetti since: (1) plaintiff’s speech pertained to matters covering his official duties; and (2) limitations of Garcetti applied to instant co-workers who were acting at direction of plaintiff’s employer. Moreover, plaintiff’s equal protection claim was properly dismissed where, under applicable law, defendants were under duty to report medical malpractice claim against plaintiff to federal and state authorities. Plaintiff additionally could not establish due process claim based on alleged defamation of plaintiff where plaintiff remained in his current job.