Moore v. Gunnison Valley Hosp.,
No. 01-1501 (10th Cir. Nov. 19, 2002)

The U.S. Court of Appeals for the 10th Circuit found that a peer review committee of a public hospital was not entitled to the same "absolute immunity" that applies to certain governmental entities. In reaching its decision, the court applied two tests. First, it considered whether the peer review committee satisfied the six-factor test for absolute immunity established by the U.S. Supreme Court. Since the peer review committee could not satisfy the test for absolute immunity, the court next considered whether the peer review committee was an "extension" of the state medical board, and thus was entitled to the same absolute immunity as that board. The court noted that the Colorado medical board lacked sufficient oversight and control over peer review committees in public hospitals for those committees to be entitled to absolute immunity.