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Civil Rights
Invasion of Privacy
Public View of Information

James E. Fulton v. The Medical Board of California

Published: Apr. 18, 2009 | Result Date: Jan. 29, 2009 | Filing Date: Jan. 1, 1900 |

Case number: BC387318 Bench Decision –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

John D. Martin


Defendant

Vladimir Shalkevich


Facts

Plaintiff James E. Fulton was a former medical doctor licensed in California. Fulton discovered that information regarding discipline related to his medical license and a previous malpractice judgment were available on the defendant Medical Board of California's website. California law states that information regarding physician discipline and malpractice judgments are required to be placed for public view on the Medical Board website.

Contentions

PLAINTIFF'S CONTENTIONS:
Fulton contended that since he was no longer a practicing medical doctor and no longer licensed by the Medical Board, his personal information should be removed from public view.

DEFENDANT'S CONTENTIONS:
Medical Board of California countered that it was required by law to place the information on its website and was within its rights to do so.

Damages

Fullton sought declaratory and injunctive relief to require that Medical Board of California remove the contested information.

Result

The court held in favor of Medical Board of California.


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