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Civil Rights: State Disciplinary Proceeding-Due Process-HIPAA

Where plaintiff sought declaratory and injunctive relief to stop state physician disciplinary proceedings, alleging that the ongoing proceedings violated the Health Insurance Portability and Accountability Act, the district court properly abstained under Younger v. Harris, but the court should have declined to reach the merits of the due process claim, which could be litigated in state proceedings, so the dismissal is modified to be without prejudice.

Dismissal modified.

Wassef v. Tibben (MLW No. 79933/Case No. 22-2442 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.) Appealed from U.S. District Court, Southern District of Iowa, Ebinger, J. (Jason Michael Casini, Des Moines, IA argued for appellant) (Jordan Esbrook, Cedar Rapids, IA argued for appellee).

 

 


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