ASSOCIATION OF AMER. PHYSICIANS v. TEXAS MEDICAL

No. 09-50953.

627 F.3d 547 (2010)

ASSOCIATION OF AMERICAN PHYSICIANS & SURGEONS, INC., Plaintiff-Appellant, v. TEXAS MEDICAL BOARD, (TMB); Roberta M. Kalafut, Individually and in her Official Capacity; Lawrence L. Anderson, Individually and in his Official Capacity; Michael Arambula, Individually and in his Official Capacity; Julie K. Attebury, Individually and in her Official Capacity; Jose Benavides, Individually and in his Official Capacity; Patricia S. Blackwell, Individually and in her Official Capacity; Melinda S. Fredricks, Individually and in her Official Capacity; Manual G. Guarjardo, Individually and in his Official Capacity; Amanullah Kahn, Individually and in his Official Capacity; Melinda McMichael, Individually and in her Official Capacity; Margaret McNeese, Individually and in her Official Capacity; Charles E. Oswalt, Individually and in his Official Capacity; Larry Price, Individually and in his Official Capacity; Annette P. Raggett, Individually and in her Official Capacity; Paulette Barker Southard, Individually and in her Official Capacity; Timothy J. Turner, Individually and in his Official Capacity; Timothy Webb, Individually and in his Official Capacity; Irvin E. Zeitler, Individually and in his Official Capacity; Donald Patrick, Individually and in his Official Capacity; John Does 1-10, Who are working for the TMB, Individually and in their Official Capacities, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 2, 2010.


Attorney(s) appearing for the Case

Andrew Layton Schlafly (argued), Far Hils, NJ, for Plaintiff-Appellant.

Bill L. Davis (argued), Nancy Kathleen Juren , Asst. Atty. Gens., Eric L. Vinson , Gen. Lit. Div., Austin, TX, for Defendants-Appellees.

Before JONES, Chief Judge, and REAVLEY and HAYNES, Circuit Judges.


EDITH H. JONES, Chief Judge:

The Association of American Physician and Surgeons ("AAPS") sued the Texas State Board of Medical Examiners ("the Board") under 42 U.S.C. § 1983 for declaratory and injunctive relief against alleged constitutional violations including the Board's use of anonymous complaints and retaliatory actions against physicians. The district court dismissed the case based on AAPS's lack of standing, noting an absence of "Fifth Circuit authority...

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