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Date: 07-07-2023

Case Style:

Richard S. Wilkinson v. Scott Rodgers, et al.

Case Number: 1:23-CV-3035

Judge: Thomas O. Rice

Court: United States District Court for the Eastern District of Washington (Spokane County)

Plaintiff's Attorney:

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Defendant's Attorney: Heather A. Carter and Kristi Danette Knieps

Description: Spokane, Washington civil rights lawyers represented Plaintiff who sued Defendants on First Amendment violation theories.

This matter relates to a Position Statement adopted by the Washington Medical Commission (“WMC”) on September 22, 2021 to address misinformation related to COVID-19 and the available treatments. A detailed factual background in discussed in the Court's Order Granting Plaintiffs' Motion to Expedite and Denying Pla

Plaintiffs filed the operable First Amended Complaint (“FAC”) on March 31, 2023. The FAC raises four causes of action: violations the First Amendment and 42 U.S.C. § 1983 (Counts I and IV); violations of procedural due process under the Fifth and Fourteenth Amendments, and 42 U.S.C. §§ 1983, 1988 (Count II); and violations of substantive due process under the Fifth and Fourteenth Amendments, and 42 U.S.C. § 1983 (Count III). Id. at 29-46, ¶¶ 72134.

Defendants filed the motions to dismiss on May 16, 2023, seeking dismissal of the FAC in its entirety.

Outcome: Defendants' Motion to Dismiss (ECF No. 15) is GRANTED. The claims asserted against all named defendants are DISMISSED with prejudice. The District Court Executive is directed to enter this Order and Judgment accordingly, furnish copies to counsel, and close the file.

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