|JOHN MOODY; DONALD HARMON; RICK RAY; WALLY
MICHIGAN GAMING CONTROL BOARD, et al.,
AL ERNST;JOHN LESSNAU,
| 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.
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.