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DESALLE v. WRIGHT

April 11, 1991

LOUIS DeSALLE, Plaintiff,
v.
KEVIN K. WRIGHT; JERE E. FRIDHEIM, M.D.; ARVIND K. GOYAL, M.D.; LAWRENCE L. HIRSCH, M.D.; JOHN M. HOLLAND, M.D.; ROGER A. POPE, D.C.; and LARRY S. PATTON, D.O.; Defendants


Milton I. Shadur, United States District Judge.


The opinion of the court was delivered by: SHADUR

MILTON I. SHADUR, UNITED STATES DISTRICT JUDGE

 Louis DeSalle ("DeSalle") sues Illinois Department of Professional Regulation ("Department") Director Kevin Wright ("Wright") *fn1" and the members of the Illinois Medical Licensing Board ("Board") -- Jere Fridheim, M.D., Arvind Goyal, M.D., Lawrence Hirsch, M.D., John Holland, M.D., Roger Pope, D.C., and Larry Patton, D.O. -- pursuant to 42 U.S.C. § 1983 ("Section 1983"), charging a violation of DeSalle's civil rights in denying his application for a license to practice medicine in Illinois. In Count I -- brought against defendants in their official capacities -- DeSalle asserts that the Medical Practice Act of 1987 (the "Act," Ill. Rev. Stat. ch. 111, paras. 4400-1 to 4400-63) *fn2" is unconstitutional as applied to him because it denies him equal protection of the laws. In Count II -- brought against defendants in their individual capacities -- DeSalle alleges that he was denied due process of law because he was deprived of meaningful notice and an opportunity to be heard. DeSalle seeks declaratory and injunctive relief as well as monetary damages.

 Defendants now move to dismiss both counts pursuant to Fed. R. Civ. P. ("Rule") 12(b)(6). For the reasons stated in this memorandum opinion and order, defendants' motion is granted on both counts, and this action as well as DeSalle's Complaint are dismissed. *fn3"

 Facts4

 DeSalle enrolled in and attended the University of Illinois School of Medicine ("U. of I.") from September 1972 through December 1977. DeSalle successfully completed all of the U. of I. course work including core rotations, *fn5" but he did not graduate *fn6" (I para. 7). DeSalle later enrolled in Spartan Health Sciences University ("Spartan"), a foreign medical school that gave DeSalle credit for his studies at U. of I. (I para. 8). *fn7" Spartan required DeSalle to do additional clinical training for a period of 44 weeks before awarding him the degree of Doctor of Medicine (I para. 9).

 Sometime before June 15, 1990 *fn8" DeSalle applied for a temporary license to do postgraduate residency training scheduled to commence on July 1 at Cook County Hospital (II para. 4). Although DeSalle filed an official transcript from U. of I. with his application, Department wrote DeSalle on July 18 requesting that he supply a detailed explanation of the exact courses for which he had received credit (II para. 10). Department requested that DeSalle attend an interview to be conducted by Board on September 12, but it did not advise DeSalle of the precise issues to be raised at the interview (II para. 23).

 Following the interview, Board voted to recommend denial of the license to DeSalle (II para. 14). Wright adopted that recommendation without further evidentiary hearing (II para. 15). As a result, DeSalle was unable to start his residency position at Cook County Hospital and became unlikely to secure another residency for that academic year (II para. 16).

 Equal Protection Clause

 DeSalle's equal protection claim targets Act § 11(A)(2)(a)(i) -- ostensibly the section that caused defendants to deny his license (see I para. 17). However, his challenge to the section's constitutionality does not withstand analysis.

 In general, Act § 11 sets out the minimum standards of professional education that an applicant must meet as one of the Act's requirements for temporary licensure (see Act § 17(C)). In particular, Act § 11(A)(2)(a)(i) (emphasis added) requires:

 
that the applicant . . . graduated from a medical or osteopathic college officially recognized by the jurisdiction in which it is located for the purpose of receiving a license to practice medicine in all of its branches, and the applicant has completed, as defined by the Department, a 6 year postsecondary course of study comprising at least 2 academic years of study in the basic medical sciences; and 2 academic years of study in the clinical sciences, while enrolled in the medical college which conferred the degree, the core rotations of which must have been completed in clinical teaching facilities owned, operated or formally affiliated with the medical college which conferred the degree, or under contract in teaching facilities owned, operated or affiliated with another medical college which is officially recognized by the jurisdiction in which the medical school which conferred the degree is located. . . .

 To meet those terms, DeSalle would have been required to have completed his core rotations at Spartan, the medical school that conferred his medical degree, rather than at U. of I. (it does not matter that Spartan accepted a transfer of credits from U. of I.). *fn9" DeSalle does not disagree that he is ineligible for a temporary license under the straightforward terms of Act § 11(A)(2)(a)(i). *fn10"

 DeSalle's claim that the Act violated his right to equal protection requires an understanding of how the Act classifies applicants according to their education. ...


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