Skipper v. Maryland Board of Nursing
1:25-cv-01225
| D. Maryland | May 5, 2025Background
- Stephanie Skipper, acting pro se, filed suit against the Maryland Board of Nursing (MBON), its members, and Governor Wes Moore under 42 U.S.C. § 1983, alleging violations of her constitutional rights related to a suspended nursing license.
- Skipper claimed due process and equal protection violations, as well as defamation, during the MBON's investigation and adjudication.
- Skipper sought both compensatory and punitive damages, as well as declaratory and injunctive relief including reinstatement of her nursing license.
- The court granted Skipper leave to proceed in forma pauperis but reviewed the complaint for sufficiency under 28 U.S.C. § 1915 and Fed. R. Civ. P. 12(b)(6).
- The court dismissed all claims, holding that MBON and its members (in official capacity) were immune from suit, and that defamation is not cognizable under § 1983.
- Claims against Governor Moore failed as no specific personal misconduct was alleged, and supervisory liability could not be established by mere knowledge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| § 1983 liability of MBON (state agency) | MBON violated plaintiff's constitutional rights | MBON not a person; immunity | MBON not a person under § 1983 and immune under Eleventh Amendment |
| Defamation via § 1983 | MBON defamed Skipper during process | Defamation not a federal right | Defamation is state law claim; not actionable under § 1983 |
| Immunity of MBON members (individual) | MBON members personally liable for damages | Members entitled to immunity | Members entitled to quasi-judicial immunity for adjudicative acts |
| Supervisory liability of Governor Moore | Moore's knowledge and failure to act is actionable | No respondeat superior liability | Moore not liable without personal misconduct |
| Injunctive relief against MBON members | Reinstatement and expungement of license records | Relief is retrospective | Ex parte Young inapplicable; relief not prospective |
Key Cases Cited
- Albright v. Oliver, 510 U.S. 266 (Section 1983 provides a method for vindicating federal rights, not substantive rights)
- Ashcroft v. Iqbal, 556 U.S. 662 (Officials only liable for their own misconduct under § 1983; plausibility pleading standard)
- Will v. Michigan Dep't of State Police, 491 U.S. 58 (Actions against state officials in official capacity are actions against the state)
- Quern v. Jordan, 440 U.S. 332 (Congress has not abrogated state sovereign immunity for § 1983 suits)
- Estelle v. Gamble, 429 U.S. 97 (Pro se litigants' pleadings must be construed liberally)
- Ex parte Young, 209 U.S. 123 (Sovereign immunity exception for ongoing violations and prospective relief)