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BUSER v. RAYMOND

No. 06-1655.

476 F.3d 565 (2007)

Kerrey BUSER, M.D., Appellant, v. Richard RAYMOND, M.D., Chief Medical Officer for the State of Nebraska, Individually and in his Official Capacity; Randy T. Kohl, M.D., Individually and in his Official Capacity; Joseph C. Scott, Jr., M.D., Individually and in his Official Capacity; Arthur A. Weaver, D.O., Individually and in his Official Capacity; Kay Kahla, Individually and in her Official Capacity; John L. Reed, M.D., Individually and in his Official Capacity; Gordon D. Adams; Susan Eilts, Individually and in her Official Capacity; Deb Ford, Individually and in her Official Capacity; James D. Smith, Individually and in his Official Capacity, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 7, 2007.

Attorney(s) appearing for the Case

Sally A. Rasmussen, Knudsen & Berkheimer, Lincoln, NE, for Appellant.

Jennifer M. Tomka, Attorney General's Office, Lincoln, NE, for Appellees.

Before RILEY, BEAM, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Kerry B. Buser, M.D., sued members of the Nebraska Board of Medicine and Surgery ("the Board"), Richard Raymond, M.D., Chief Medical Officer of Nebraska ("CMO"), and the Nebraska Attorney General (collectively "appellees") for civil rights violations. Buser's suit alleged that the Board's practice of using the CMO—an absentee judge—during physician disciplinary hearings violated his due process rights under 42 U.S.C. § 1983...

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