Missouri Veterinary Medical Board v. Gray

Defendants' Sur-Reply to Petitioner's... Motion in Limine


The Missouri Veterinary Medical Board filed suit seeking to enjoin Brooke Gray from filing sharp enamel points from horses' teeth, which the Board argues constitutes the practice of veterinary medicine, which is a criminal offense. Gray denied the allegations, raised constitutional affirmative defenses, and demanded a jury trial.

Despite the statute's unambiguous statement that the Board could only seek an injunction "in addition to and not in lieu of" the criminal penalties provided for by the Veterinary Practice Act, the MVMB is attempting to deny Ms. Gray the protections of criminal procedure by only seeking a civil remedy. The great majority of the Board's discovery requests sought to have Ms. Gray disclose evidence of criminal activity, and because Missouri law states that in a CIVIL case, any substantive response to discovery requests waives the party's Fifth Amendment privilege ENTIRELY, Ms. Gray asserted her Fifth Amendment rights in regard to all of the substantive information sought. The MVMB acknowledged Gray's right to do so, but filed a Motion in Limine demanding that the Court impose harsh restrictions on Gray's ability to offer evidence in her own defense, calling on the Court to infer that Gray's refusal to respond indicated that her responses would have been unfavorable to her position, and arguing that Gray be denied a jury trial. Gray filed a response to this Motion and on February 15 the Court heard arguments on this matter. The judge permitted the MVMB to file a Reply to Gray's Response, and also granted Gray the opportunity to file this Sur-Reply to that Reply.

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Reference Info:Legal Memoranda: Pre-Trial Motions | 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

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