WITHROW V. LARKIN
421 U.S. 35 (1975)
NATURE OF THE CASE: This was a dispute over the administrative procedures used to
question a doctor's practice and Withrow’s (D) appeal over a judgment in favor of Larkin (P)
and the issuance of a preliminary injunction.
FACTS: Wisconsin forbids the practice of medicine without a license. The Examining Board
that issued such licenses was empowered to warn and reprimand, temporarily to suspend, or to
institute criminal action or action to revoke a license when it found probable cause under
criminal or revocations statutes. Larkin (P) was practicing medicine and was investigated
for his abortion practices. During the first hearing, P was present but was not allowed to
cross-examine. P filed his complaint under 42 U.S.C. § 1983 eventually seeking preliminary
and permanent injunctive relief and a temporary restraining order preventing D from
investigating him and from conducting the investigative hearing. After the first hearing and
lawsuit by P, notice was sent to P that a contested hearing would be held to determine
whether he had practiced under another name, split fees, or allowed unlicensed doctors to
perform abortions. P eventually obtained an injunction against the contested hearing in that
it was unfair and unconstitutional to have the investigator made the final decision as an
adjudicator. D complied and did not go forward with the hearing. Instead it held a final
investigative session and found P guilty as charged. A three judge panel found that the
process given to P was unconstitutional as a violation of due process guarantees and
enjoined the Board from enforcing it. The board (D) appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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