Home/Case Law/Ninth Circuit/Gary Lee, M.D., Individually and on Behalf of His Patients William Petty, M.D., Individually and on Behalf of His Patients Eric Dutson, Individually and as Co-Representative of a Class of Persons Who Have the Disability of a Terminal Disease Even With Medical Treatment Janice Elsner, Individually and as Co-Representative of a Class of Persons Who Have the Disability of a Terminal Disease Even With Medical Treatment Claudine Stotler, Individually and as a Representative of a Sub-Class of Person Who Has the Disability of a Terminal Disease Even With Medical Treatment and Who Are Being, or Will Be Treated at the Oregon Health Sciences University Hospital Jeffrey M. Weinkauf, Individually and as a Representative of a Class of Oregon Patients Who Have a Possibly Terminal Disease Absent Medical Treatment Fritz Beck June Beck the Willows Home, Inc. Sister Geraldine Bernards, Individually and as Administrator of Maryville Nursing Home, Inc. And Maryville Nursing Home, Inc., Plaintiffs-Appellees-Cross-Appellants v. State of Oregon Douglas F. Harcleroad, in His Official Capacity as the District Attorney for Lane County, Oregon, and as a Representative of the Class of All District Attorneys in the State of Oregon John Kitzhaber, in His Official Capacity as Governor of Oregon Terry L. Connor, D.O., in His Official Capacity as Chairman of the Oregon Board of Medical Examiners Edward A. Heusch, D.O., in His Official Capacity as Vice-Chairman of the Oregon Board of Medical Examiners Catherine M. Nater, in Her Official Capacity as Secretary of the Oregon Board of Medical Examiners John W. Grigsby, M.D., in His Official Capacity as a Member of the Oregon Board of Medical Examiners Sarah S. Hendrickson, M.D., in Her Official Capacity as a Member of the Oregon Board of Medical Examiners George A. Porter, M.D., in His Official Capacity as a Member of the Oregon Board of Medical Examiners James H. Sampson, M.D., in His Official Capacity as a Member of the Oregon Board of Medical Examiners Rosemary C. Lee Selinger, M.D., in Her Official Capacity as a Member of the Oregon Board of Medical Examiners Fred R. Stark, M.D., in His Official Capacity as a Member of the Oregon Board of Medical Examiners Maralyn E. Turner, in Her Official Capacity as a Member of the Oregon Board of Medical Examiners J. Bruce Williams, M.D., in His Official Capacity as a Member of the Oregon Board of Medical Examiners Peter Kohler, in His Official Capacity as the President of the Oregon Health Sciences University Lee Swanson, Jr., Herbert Aschkenasy, Robert L.R. Bailey, Diane Christopher, Bobby Lee, Walter R. Miller, Esther Puentes, George E. Richardson, Jr., Ronda L. Trotman Reese, Jim Willis, and Janice J. Wilson, in Their Official Capacities as Members of the Oregon State Board of Higher Education and Oregon Health Sciences University Hospital, Defendants-Appellants-Cross-Appellees, and Peter Goodwin Barbara Coombs Lee Elven Sinnard Michael Vernon Ted Levin and Tim Schuck, Intervenors-Appellees-Cross-Appellees
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No. 736944
United States Court of Appeals for the Ninth Circuit
Gary Lee, M.D., Individually and on Behalf of His Patients William Petty, M.D., Individually and on Behalf of His Patients Eric Dutson, Individually and as Co-Representative of a Class of Persons Who Have the Disability of a Terminal Disease Even With Medical Treatment Janice Elsner, Individually and as Co-Representative of a Class of Persons Who Have the Disability of a Terminal Disease Even With Medical Treatment Claudine Stotler, Individually and as a Representative of a Sub-Class of Person Who Has the Disability of a Terminal Disease Even With Medical Treatment and Who Are Being, or Will Be Treated at the Oregon Health Sciences University Hospital Jeffrey M. Weinkauf, Individually and as a Representative of a Class of Oregon Patients Who Have a Possibly Terminal Disease Absent Medical Treatment Fritz Beck June Beck the Willows Home, Inc. Sister Geraldine Bernards, Individually and as Administrator of Maryville Nursing Home, Inc. And Maryville Nursing Home, Inc., Plaintiffs-Appellees-Cross-Appellants v. State of Oregon Douglas F. Harcleroad, in His Official Capacity as the District Attorney for Lane County, Oregon, and as a Representative of the Class of All District Attorneys in the State of Oregon John Kitzhaber, in His Official Capacity as Governor of Oregon Terry L. Connor, D.O., in His Official Capacity as Chairman of the Oregon Board of Medical Examiners Edward A. Heusch, D.O., in His Official Capacity as Vice-Chairman of the Oregon Board of Medical Examiners Catherine M. Nater, in Her Official Capacity as Secretary of the Oregon Board of Medical Examiners John W. Grigsby, M.D., in His Official Capacity as a Member of the Oregon Board of Medical Examiners Sarah S. Hendrickson, M.D., in Her Official Capacity as a Member of the Oregon Board of Medical Examiners George A. Porter, M.D., in His Official Capacity as a Member of the Oregon Board of Medical Examiners James H. Sampson, M.D., in His Official Capacity as a Member of the Oregon Board of Medical Examiners Rosemary C. Lee Selinger, M.D., in Her Official Capacity as a Member of the Oregon Board of Medical Examiners Fred R. Stark, M.D., in His Official Capacity as a Member of the Oregon Board of Medical Examiners Maralyn E. Turner, in Her Official Capacity as a Member of the Oregon Board of Medical Examiners J. Bruce Williams, M.D., in His Official Capacity as a Member of the Oregon Board of Medical Examiners Peter Kohler, in His Official Capacity as the President of the Oregon Health Sciences University Lee Swanson, Jr., Herbert Aschkenasy, Robert L.R. Bailey, Diane Christopher, Bobby Lee, Walter R. Miller, Esther Puentes, George E. Richardson, Jr., Ronda L. Trotman Reese, Jim Willis, and Janice J. Wilson, in Their Official Capacities as Members of the Oregon State Board of Higher Education and Oregon Health Sciences University Hospital, Defendants-Appellants-Cross-Appellees, and Peter Goodwin Barbara Coombs Lee Elven Sinnard Michael Vernon Ted Levin and Tim Schuck, Intervenors-Appellees-Cross-Appellees
No. 736944 · Decided April 16, 1997
No. 736944·Ninth Circuit · 1997·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
April 16, 1997
Citation
No. 736944
Disposition
See opinion text.
Full Opinion
Plain English Summary
Plain-English summary coming soon. Read the opinion text below for the current holding.
Key Points
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Frequently Asked Questions
Gary Lee, M.D., Individually and on Behalf of His Patients William Petty, M.D., Individually and on Behalf of His Patients Eric Dutson, Individually and as Co-Representative of a Class of Persons Who Have the Disability of a Terminal Disease Even With Medical Treatment Janice Elsner, Individually and as Co-Representative of a Class of Persons Who Have the Disability of a Terminal Disease Even With Medical Treatment Claudine Stotler, Individually and as a Representative of a Sub-Class of Person Who Has the Disability of a Terminal Disease Even With Medical Treatment and Who Are Being, or Will Be Treated at the Oregon Health Sciences University Hospital Jeffrey M. Weinkauf, Individually and as a Representative of a Class of Oregon Patients Who Have a Possibly Terminal Disease Absent Medical Treatment Fritz Beck June Beck the Willows Home, Inc. Sister Geraldine Bernards, Individually and as Administrator of Maryville Nursing Home, Inc. And Maryville Nursing Home, Inc., Plaintiffs-Appellees-Cross-Appellants v. State of Oregon Douglas F. Harcleroad, in His Official Capacity as the District Attorney for Lane County, Oregon, and as a Representative of the Class of All District Attorneys in the State of Oregon John Kitzhaber, in His Official Capacity as Governor of Oregon Terry L. Connor, D.O., in His Official Capacity as Chairman of the Oregon Board of Medical Examiners Edward A. Heusch, D.O., in His Official Capacity as Vice-Chairman of the Oregon Board of Medical Examiners Catherine M. Nater, in Her Official Capacity as Secretary of the Oregon Board of Medical Examiners John W. Grigsby, M.D., in His Official Capacity as a Member of the Oregon Board of Medical Examiners Sarah S. Hendrickson, M.D., in Her Official Capacity as a Member of the Oregon Board of Medical Examiners George A. Porter, M.D., in His Official Capacity as a Member of the Oregon Board of Medical Examiners James H. Sampson, M.D., in His Official Capacity as a Member of the Oregon Board of Medical Examiners Rosemary C. Lee Selinger, M.D., in Her Official Capacity as a Member of the Oregon Board of Medical Examiners Fred R. Stark, M.D., in His Official Capacity as a Member of the Oregon Board of Medical Examiners Maralyn E. Turner, in Her Official Capacity as a Member of the Oregon Board of Medical Examiners J. Bruce Williams, M.D., in His Official Capacity as a Member of the Oregon Board of Medical Examiners Peter Kohler, in His Official Capacity as the President of the Oregon Health Sciences University Lee Swanson, Jr., Herbert Aschkenasy, Robert L.R. Bailey, Diane Christopher, Bobby Lee, Walter R. Miller, Esther Puentes, George E. Richardson, Jr., Ronda L. Trotman Reese, Jim Willis, and Janice J. Wilson, in Their Official Capacities as Members of the Oregon State Board of Higher Education and Oregon Health Sciences University Hospital, Defendants-Appellants-Cross-Appellees, and Peter Goodwin Barbara Coombs Lee Elven Sinnard Michael Vernon Ted Levin and Tim Schuck, Intervenors-Appellees-Cross-Appellees is a decision of the Ninth Circuit. Review the opinion text below for the holding.
FlawCheck shows no negative treatment for Gary Lee, M.D., Individually and on Behalf of His Patients William Petty, M.D., Individually and on Behalf of His Patients Eric Dutson, Individually and as Co-Representative of a Class of Persons Who Have the Disability of a Terminal Disease Even With Medical Treatment Janice Elsner, Individually and as Co-Representative of a Class of Persons Who Have the Disability of a Terminal Disease Even With Medical Treatment Claudine Stotler, Individually and as a Representative of a Sub-Class of Person Who Has the Disability of a Terminal Disease Even With Medical Treatment and Who Are Being, or Will Be Treated at the Oregon Health Sciences University Hospital Jeffrey M. Weinkauf, Individually and as a Representative of a Class of Oregon Patients Who Have a Possibly Terminal Disease Absent Medical Treatment Fritz Beck June Beck the Willows Home, Inc. Sister Geraldine Bernards, Individually and as Administrator of Maryville Nursing Home, Inc. And Maryville Nursing Home, Inc., Plaintiffs-Appellees-Cross-Appellants v. State of Oregon Douglas F. Harcleroad, in His Official Capacity as the District Attorney for Lane County, Oregon, and as a Representative of the Class of All District Attorneys in the State of Oregon John Kitzhaber, in His Official Capacity as Governor of Oregon Terry L. Connor, D.O., in His Official Capacity as Chairman of the Oregon Board of Medical Examiners Edward A. Heusch, D.O., in His Official Capacity as Vice-Chairman of the Oregon Board of Medical Examiners Catherine M. Nater, in Her Official Capacity as Secretary of the Oregon Board of Medical Examiners John W. Grigsby, M.D., in His Official Capacity as a Member of the Oregon Board of Medical Examiners Sarah S. Hendrickson, M.D., in Her Official Capacity as a Member of the Oregon Board of Medical Examiners George A. Porter, M.D., in His Official Capacity as a Member of the Oregon Board of Medical Examiners James H. Sampson, M.D., in His Official Capacity as a Member of the Oregon Board of Medical Examiners Rosemary C. Lee Selinger, M.D., in Her Official Capacity as a Member of the Oregon Board of Medical Examiners Fred R. Stark, M.D., in His Official Capacity as a Member of the Oregon Board of Medical Examiners Maralyn E. Turner, in Her Official Capacity as a Member of the Oregon Board of Medical Examiners J. Bruce Williams, M.D., in His Official Capacity as a Member of the Oregon Board of Medical Examiners Peter Kohler, in His Official Capacity as the President of the Oregon Health Sciences University Lee Swanson, Jr., Herbert Aschkenasy, Robert L.R. Bailey, Diane Christopher, Bobby Lee, Walter R. Miller, Esther Puentes, George E. Richardson, Jr., Ronda L. Trotman Reese, Jim Willis, and Janice J. Wilson, in Their Official Capacities as Members of the Oregon State Board of Higher Education and Oregon Health Sciences University Hospital, Defendants-Appellants-Cross-Appellees, and Peter Goodwin Barbara Coombs Lee Elven Sinnard Michael Vernon Ted Levin and Tim Schuck, Intervenors-Appellees-Cross-Appellees in the current circuit citation data.
This case was decided on April 16, 1997.
Use the citation No. 736944 and verify it against the official reporter before filing.