Lawwly

Gibson v. Berryhill

United States Supreme Court

411 U.S. 564 (1973)

Relevant factsFree

After Alabama repealed a statute permitting corporations to employ optometrists, the state optometric association filed ethics charges with the Board of Optometry (composed of private-practice optometrists) against optometrists employed by Lee Optical, and the Board separately sued Lee in state court (naming the optometrists as aiding-and-abetting defendants), winning an injunction against Lee's corporate practice of optometry. When the Board then reactivated its ethics proceedings against the same optometrists, they sued in federal court (plaintiffs) to enjoin the Board hearing (defendants), arguing the Board members' financial stake in reducing corporate competition made a fair, impartial hearing impossible; the district court agreed.

IssueFree

Whether the use by an agency of a hearing officer with a pecuniary interest in the matter to be heard violates due process.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases