Jackson v. Public Health
3:15-cv-00750
D. Conn.Jun 20, 2016Background
- Beverly Jackson (pro se) founded the American Nedicine Licensing Board and obtained a federal certification mark for “Doctor of Nedicine,” then issued licenses and operated related exam and school programs. Connecticut DPH began investigating her for practicing medicine without a state license.
- Jackson sued the Connecticut Department of Public Health, Commissioner Jewel Mullen, and Investigations Supervisor Adrienne Anderson seeking declaratory and injunctive relief, claiming federal trademark law and the Supremacy Clause preempt state regulation of her practice; she also asserted Lanham Act, Sherman Act, §1983, and Dormant Commerce Clause theories and sought monetary damages.
- Defendants moved to dismiss for insufficient service of process, Eleventh Amendment sovereign immunity, qualified immunity (individual capacity), and failure to state a claim under Rule 12(b)(6).
- The Court found service defective (service required on Connecticut Attorney General for state defendants), held Eleventh Amendment bars the federal statutory and §1983 money-damages claims against the State and officials in their official capacities, and found Anderson entitled to qualified immunity in her individual capacity.
- Substantively the Court held federal trademark registration does not preempt state regulation of the practice of medicine; Jackson’s federal statutory and constitutional claims lack plausibility and her complaint was dismissed with prejudice as futile to amend.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper service of process | Service by certified mail to DPH sufficient | Service required on CT Attorney General under Conn. Gen. Stat. §52‑64; service was defective | Service was insufficient; court lacked personal jurisdiction over defendants |
| Eleventh Amendment immunity | Federal statutes and trademark rights permit suit against state/officials | DPH and officials (official capacity) are arms of the State and immune from suit for money damages | Eleventh Amendment bars money-damages claims against the State and officials in official capacity |
| Qualified immunity (individual capacity) | Anderson’s investigation violated Jackson’s constitutional rights | Anderson was performing discretionary duties under state police power; no clearly established right violated | Anderson entitled to qualified immunity; individual-capacity damages claim dismissed |
| Preemption / Lanham Act / Antitrust / §1983 merits | Federal certification mark and federal registration preempt state medical licensing; Lanham Act and Sherman Act claims; §1983 violation of Fourteenth Amendment | State police power permits regulation and licensing of medicine; trademark registration does not license medical practice; antitrust and Lanham claims against a State are barred by sovereign immunity; §1983 not supported by facts | Trademark registration does not preempt state regulation of medicine; federal statutory and constitutional claims are implausible and dismissed on the merits; complaint dismissed with prejudice |
Key Cases Cited
- Watson v. State of Maryland, 218 U.S. 173 (states may regulate the practice of medicine under their police power)
- Ex parte Young, 209 U.S. 123 (suits for prospective injunctive relief against state officials are permitted despite Eleventh Amendment)
- Seminole Tribe v. Florida, 517 U.S. 44 (Congress cannot abrogate state sovereign immunity under Article I)
- College Sav. Bank v. Florida Prepaid Postsecondary Educ. Expense Bd., 527 U.S. 666 (Trademark statutes do not validly abrogate state sovereign immunity)
- Ashcroft v. Al‑Kidd, 131 S. Ct. 2074 (qualified immunity framework; clearly established law requirement)
- Betancur v. Florida, [citation="296 F. App'x 761"] (11th Cir.) (trademark ownership does not preempt state regulation/licensing of medical practices)