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FOSTER v. MISSOURI DEPARTMENT OF HEALTH AND SENIOR SERVICES

No. 12-3887.

736 F.3d 759 (2013)

Essie G. FOSTER, individually, and as majority shareholder in a closely held corporation, Y.I.W. Inc. Home Healthcare, Inc.; Ralph Foster, individually and as a major shareholder of a closely held corporation, Y.I.W. Inc. Home Healthcare, Inc.; Y.I.W. Home Healthcare, Inc., a Missouri Corporation, Plaintiffs-Appellants v. MISSOURI DEPARTMENT OF HEALTH AND SENIOR SERVICES, a Missouri State Agency; Debbie Hanson, individually and in her representative capacity as a Supervisor of the Employee Disqualification Unit of Defendant Missouri Department of Health and Senior Services; Patricia M. Watkins, individually and in her representative capacity as Investigator/Counsel for Employee Disqualification Unit of Defendant Missouri Department of Health and Senior Services; Missouri Department of Social Services Missouri Health Net Division, Formerly doing business as Division of Medical Services, a Missouri State agency, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 13, 2013.

Attorney(s) appearing for the Case

Stephen J. Nangle , I, argued, Saint Louis, MO, for Appellant.

Denise Garrison McElvein , AAG, argued, Saint Louis, MO, for Appellee.

Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.

MURPHY, Circuit Judge.

Essie Foster, her husband, and their jointly owned company brought this action under 42 U.S.C. § 1983 against Debbie Hanson and Patricia Watkins, two employees of the Missouri Department of Senior and Health Services, alleging violations of their due process rights. The district court1 granted summary judgment to Hanson and Watkins on the basis of qualified immunity, and the Fosters appeal. We affirm.

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