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Torriente v. Stackler

decided: February 5, 1976.

DOLORES TORRIENTE, PLAINTIFF-APPELLANT,
v.
RONALD E. STACKLER, DEFENDANT-APPELLEE



Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 75 C 619 JOEL M. FLAUM, Judge.

Swygert, Rives and Pell, Circuit Judges.

Author: Rives

RIVES, Circuit Judge.*fn*

This appeal is from an order dismissing a complaint followed by a denial of leave to amend. In such a posture, the material allegations of the complaint as sought to be amended are taken as true.*fn1 Attached to the complaint as Exhibit A is an "administrative complaint" filed by the Illinois "Department of Registration and Education" against the present plaintiff. From the complaint itself, as sought to be amended, and from the attached administrative complaint, we glean the following material facts relevant to plaintiff's contentions of law.

I.

The plaintiff*fn2 is a black citizen of the United States, of Cuban descent, residing and working in the city of Chicago. For a number of years she has worked under a permit which allows her to practice medicine in a State hospital, when under the supervision of a physician duly licensed in Illinois to practice medicine in all of its branches. Her right to continue in the practice of medicine in a State hospital under such supervision is not contested or involved in this litigation.

The defendant is the Director of the Department of Registration and Education of Illinois charged with the administration of the Illinois Medical Practice Act, Illinois Revised Statutes (1973) ch. 91.

On or about June 11-13, 1974, the plaintiff attempted an examination conducted by the Medical Examining Committee of the Illinois Department of Registration and Education held in Cook County, Illinois.

On or about August 28, 1974, the Illinois Department of Registration and Education mailed a letter to the plaintiff which she received on August 30, 1974, and which reads as follows:

"We are pleased to advise you were successful in the recent Flex examination.

License Number 36-49716 has been issued to you and will be mailed as soon as office routine permits.

/s/ John B. Hayes

Superintendent of Registration"

No certificate of license has been mailed to the plaintiff. Instead, on or about December 30, 1974, the Department of Registration and Education, as complainant, filed against the present plaintiff, as respondent, an administrative complaint alleging that the quoted letter had been mailed "through accident, artifice, or some other means"; that in fact the plaintiff received a failing grade in said examination, and "does not now and never did qualify to practice medicine in all its branches in ...


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