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Paul Thomas v. Kathleen Harder, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-35456 · judgment October 4, 2024
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, counsel who has filed here before, and a petition filed soon after the judgment below.
Question presented
This Court has been sparing in extending quasijudicial immunity to government officials outside of the judicial branch. It has never extended quasijudicial immunity to the functions of investigators and supervisors or to a state medical disciplinary board. Dr. Paul Thomas brought suit under 42 U.S.C. § 1983 against the members and staff of the Oregon Medical Board for intentionally persecuting him for his research and views on childhood vaccines, and for forcing him out of his medical practice. QUESTION 1: Are members of the Oregon Medical Board entitled to absolute immunity or qualified immunity? QUESTION 2: Are investigators and management staff of the Oregon Medical Board entitled to absolute immunity or qualified immunity?
Counsel of record
For petitioner
Stephen J. Joncus
Joncus Law P.C.
For respondent
Benjamin Noah Gutman
Oregon Department of Justice
Case
Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Amicus briefs
4 cert-stage
Order
Order list, March 24, 2025 · Certiorari denied
Proceedings
- Mar 24 2025Petition DENIED.
- Feb 26 2025DISTRIBUTED for Conference of 3/21/2025.
- Feb 14 2025Brief amicus curiae of Informed Consent Action Network filed.
- Feb 14 2025Brief amici curiae of America's Frontline Doctors, et al. filed.
- Feb 13 2025Brief amicus curiae of National Health Federation filed.
- Feb 11 2025Brief amicus curiae of Association of American Physicians and Surgeons filed.
- Jan 16 2025Waiver of right of respondent Kathleen Harder to respond filed.
- Jan 02 2025Petition for a writ of certiorari filed. (Response due February 14, 2025)