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JOHN MOODY; DONALD HARMON; RICK RAY; WALLY MCILLMURRAY,
Plaintiffs-Appellees/Cross-Appellants,
v.
MICHIGAN GAMING CONTROL BOARD, et al.,
Defendants,

AL ERNST;JOHN LESSNAU,
Defendants-Appellants/Cross-Appellees.
   Nos. 16-2244/2369
Appeal from the United States District Court
for the Eastern District of Michigan at Flint.
No. 4:12-cv-13593—Gershwin A. Drain, District Judge.
Argued: July 26, 2017
Decided and Filed: September 11, 2017
Before: COLE, Chief Judge; BATCHELDER and MOORE, Circuit Judges.


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OPINION
_________________________

KAREN NELSON MOORE, Circuit Judge. In 2010, the Michigan Gaming Control Board (“MGCB”), a state entity that regulates horse racing, held a hearing to determine whether certain drivers were involved in an illegal race-fixing scheme. At the hearing, Plaintiffs John Moody, Donald Harmon, Rick Ray, and Wally McIllmurray, Jr. (“Plaintiffs”), four drivers licensed by the MGCB, declined to answer questions and invoked their Fifth Amendment right against self-incrimination. The MGCB later suspended the Plaintiffs’ licenses and issued orders excluding them from the race tracks, citing the Plaintiffs’ refusal to cooperate at the hearing. The Plaintiffs filed suit, alleging violations of their procedural due process and Fifth Amendment rights. In these appeals, which revisit issues considered by a prior panel of this court, the Defendants challenge the district court’s denial of qualified immunity on the procedural due process claim, and the Plaintiffs challenge the district court’s grant of qualified immunity on the Fifth Amendment claim.

For the following reasons, we AFFIRM the denial of qualified immunity on the procedural due process claim, REVERSE the grant of qualified immunity on the Fifth Amendment claim, and REMAND the case for further proceedings.