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González-Droz v. González-Colon

660 F.3d 1 (2011)

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González-Droz v. González-Colon

United States Court of Appeals for the First Circuit

660 F.3d 1 (2011)

Facts

In 2005 the Puerto Rico Board of Medical Examiners (the board) (defendant) enacted a regulation requiring physicians practicing cosmetology medicine to possess a dermatology or plastic-surgery certification. The board was concerned for the public’s health because physicians were practicing liposuction and breast augmentation without having specialized training. In December 2006, the board preliminarily suspended Efrain González-Droz’s (plaintiff) medical license for violating the regulation. González-Droz was notified that a hearing would commence prior to a final decision. González-Droz filed an action in federal district court to enjoin the hearing. The court denied the injunction. The board held the hearing and voted to suspend González-Droz’s license for five years. González-Droz sought an injunction to prevent the suspension, which was denied. González-Droz filed a second amended complaint challenging the constitutionality of the regulation and his suspension. González-Droz alleged that the regulation violated his equal-protection and due-process rights because the board-certified classification was arbitrary and the regulation was unconstitutionally vague. González-Droz alleged that the suspension violated his substantive-due-process rights and his procedural-due-process rights because he did not receive a hearing prior to the preliminary suspension. González-Droz also alleged that the suspension violated his free-speech rights because the board had retaliated against him for testifying in a license-suspension case in October 2005 and for his injunction attempts. The district court entered summary judgment in the board’s favor on immunity grounds. The matter was appealed.

Rule of Law

Issue

Holding and Reasoning (Selya, J.)

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