Accused by a government agency of engaging in criminal activity, Brooke Gray has for months been fighting to be given the constitutional protections usually afforded to the criminally accused: a presumption of innocence, the right to invoke her Fifth Amendment privilege without being penalized, the right to have her case heard by a jury of her peers. It appears that the trial court is unwilling to afford her these protections. Ironically, the very statute that the Veterinary Medical Board has invoked as authority to strip her of her livelihood forbids the Board to seek injunctive relief unless the accused is also being criminally prosecuted - meaning that they would have the very constitutional protections Brooke has been demanding. Brooke has no desire to actually be prosecuted, but by throwing down the gauntlet and demanding that the Board either thoroughly treat her as the criminal it has accused her of being - including granting her constitutional protections - or drop the case entirely, she is denying the Board its ability to keep this case on its own terms.
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Published In: Civil Procedure Updates, Civil Rights Updates, Constitutional Law Updates, Criminal Law Updates
Reference Info:Legal Memoranda: Motions for Summary Judgment/Adjudication | 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.
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