The opinion of the court was delivered by: Garnett Thomas Eisele United States District Judge
Presently before the Court is the Motion to Dismiss filed by Defendants on February 4, 2005. The Court will grant the Motion in favor of the individual Defendants and deny the Motion as to the Defendant Arkansas State Medical Board.
The Plaintiff Randeep Mann is an individual licensed by the Arkansas State Medical Board to practice medicine in the State of Arkansas. Defendant Arkansas State Medical Board ("Board") is an agency of the State of Arkansas. Defendants W. Ray Jouett, Orman Simmons, David Jacks, Bobbye Daniels, J.R. Baker, John Ball, Anne Britton, Sue Chambers, Trent Pierce, Douglas Smart, C.E. Tommey, Alonzo Williams, and James Zini are members of the Arkansas State Medical Board. Defendant Peggy Cryer is the Executive Director of the Arkansas State Medical Board.
On an internet website controlled by the Defendants, the following entries were published on June 6, 2003:
"Mann, Randeep Singh, M.D.-E-0385
-Emergency Order of Suspension, 6/5/2003"
Discussion #03-126. MANN, Randeep S., M.D. Upon motion by Mrs. A. Britton, seconded by Dr. J.R. Baker, the Board unanimously voted that an Emergency Order of Suspension and Notice of Hearing be issued to this physician." (Amended Complaint, ¶¶ 7-8).
On June 9, 2003, Plaintiff learned of the publication on the Defendants' website and retained legal counsel. On June 10, 2003, Plaintiff's counsel sent a written request to the Defendants that the purported emergency order be modified to suspend only Dr. Mann's authority to prescribe scheduled medications pending a full hearing. On June 17, 2003, the Board notified Plaintiff's counsel that the members of the Board had been polled ...