United States Eighth Circuit

In an action brought under 42 U.S.C. section 1983 by plaintiff-physician claiming that provisions of Nebraska's Uniform Licensing Law violated the due process clause of the Fifth and Fourteenth Amendments, an order denying defendant-Nebraska Attorney General absolute and qualified immunity is reversed where defendant was entitled to qualified immunity where: 1) despite the public availability of a "letter of concern" issued to plaintiff by the state medical board, such letter was not the equivalent of a formal censure, did not impair his medical license, and did not violate his due process rights; and 2) even had a constitutional violation been established, defendant's decision to enforce a law of arguable constitutional validity fell within the ambit of protected official discretion.

Appellate Information

• Decided 11/03/2008
• Published 11/03/2008

Judges

• WOLLMAN, Circuit Judge., Before LOKEN, Chief Judge, WOLLMAN, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael John Rumbaugh, AAG, argued, Joseph M. Aldridge, Senior Certified Law Student, Attorney General's Office, on the brief, Lincoln, NE, for appellant.


• For Appellees:
  
• Sally A. Rasmussen, argued, Lincoln, NE, for appellee.