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KLOCH v. KOHL

No. 07-2120.

545 F.3d 603 (2008)

Gregory M. KLOCH, M.D., Plaintiff/Appellee, v. 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; Kathryn Kahla, Individually, and in her Official Capacity; John L. Reed, M.D., Individually, and in his Official Capacity; Gordon D. Adams, M.D., Individually, and in his Official Capacity; David A. Dryburgh, Individually, and in his Official Capacity; Michael A. Sitorius, M.D., Individually, and in his Official Capacity; Debra J. Ford, Individually, and in her Official Capacity, Defendants, Jon C. Bruning, Individually, and in his Official Capacity, Defendant/Appellant, Richard Nelson, Individually, and in his Official Capacity; Richard Raymond, M.D., Individually, and in his Official Capacity; Successors of the Foregoing Individuals, The, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: November 3, 2008.

Attorney(s) appearing for the Case

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

Sally A. Rasmussen, argued, Lincoln, NE, for appellee.

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

WOLLMAN, Circuit Judge.

In this interlocutory appeal, Nebraska Attorney General Jon Bruning seeks reversal of the district court's decision denying him absolute and qualified immunity in the lawsuit brought under 42 U.S.C. § 1983 by Gregory M. Kloch, M.D., which claimed that provisions of Nebraska's Uniform Licensing Law violated the due process clause of the Fifth and Fourteenth Amendments to the United States Constitution. We reverse.

I.

Dr...

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