Thursday, August 10, 2006
Follow up: Grand Island veterinarians' civil rights suit against Racing Commission dismissed; Eighth Circuit finds the Racing commission has quasi judicial immunityVan Horn et al v. Oelschlager etal U.S. Court of Appeals Case 053000P.pdf 08/10/06 District of Nebraska District court denied summary judgment based on qualified immunity to state racing commissioners for decision banning licensed veterinarians from treating race horses based on a finding they failed to provide the court with a meaningful statement of the facts. District court is reversed, as commissioners are entitled to absolute, quasi-judicial immunity. The Commission's powers in conducting disciplinary hearings are similar to judicial powers. theCommissioners' actions are likely to result in lawsuits for damages by disappointed parties, as illustrated by the instant lawsuit. sufficient safeguards exist in the regulatory framework to control unconstitutional conduct. Specifically, aggrieved parties may appeal the Commission's decision in state court.board members were entitled to absolute, quasi-judicial immunity byvirtue of the fact that their proceedings were quasi-judicial in nature. Dunham v. Wadley, 195 F.3d 1007, 1010 (8th Cir. 1999).
Posted by stan_sipple at 3:37 PM