Missouri Veterinary Medical Board v. Brooke Gray and B&B Equine Dentistry

Defendants' Response to Motion for Partial Judgment on the Pleadings

more+
less-

The Missouri Board of Veterinary Medicine filed suit against Brooke Gray and B&B Equine Dentistry, alleging that they had committed the crime of practicing veterinary medicine without a license. Ms. Gray is alleged to have accepted compensation for "floating" horses' teeth - a centuries-old animal husbandry practice that removes sharp enamel points that can cut or ulcerate the interior of a horse's mouth and impede its ability to eat.

In response to the Board's lawsuit, Ms. Gray asserted six Affirmative Defenses rooted in rights protected under the U.S. and Missouri Constitutions:

1) Right to Earn a Living

2) Right to Be Free of Arbitrary Governmental Classifications

3) Right to Enjoy the Gains of One's Own Industry

4) Freedom of Speech

5) Right to Procedural Due Process

6) Right to Equal Protection of the Laws

The Board filed a Motion for Partial Judgment on the Pleadings, seeking to have the Court dismiss all of the Defendants' Affirmative Defenses. This Response explains why the Defendants are likely to prevail on each of their legal claims and, thus, why the Court should overrule the Board's motion.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Agriculture Updates, Civil Rights Updates, Constitutional Law Updates, Criminal Law Updates

Reference Info:Legal Memoranda: Motion Addressed to Pleadings | State, 8th Circuit, Missouri | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© David Roland, Freedom Center of Missouri | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

CONNECT

David Roland
Freedom Center of Missouri

The Freedom Center of Missouri is a non-profit, non-partisan organization focusing on the protection... View Profile »


Follow Freedom Center of Missouri:

Reporters on Deadline