Driscoll v. Stucker,
No. 38,133-CA (La. Ct. App. Feb. 4, 2004)

The Court of Appeal of Louisiana affirmed the trial court's finding in favor of a graduate of a residency program in a lawsuit filed by the resident against the director of the program and a division of the university. The resident sued on due process and breach of contract grounds after the program director rescinded a recommendation letter that was required for the resident to become board certified. The court found that the resident had a property, liberty, and contractual interest in receiving board eligibility status which was protected by due process principles. The resident's property right entitled him to a hearing so that he could refute the allegations underlying the decision to rescind the recommendation letter. In addition to holding the division of the university liable, the court found the program director to be personally liable where he blatantly denied the resident's rights and acted outside the scope of his constitutional and contractual obligations to the resident. The court rejected the defendants' claim of immunity under the state's peer review statute.