Withrow v. Larkin

Wisconsin's medical Examining Board (defendant), composed of practicing physicians with authority to investigate and discipline doctors, investigated Dr. Larkin (plaintiff) for suspected professional misconduct and then scheduled a contested hearing where the same Board would determine whether he'd engaged in the conduct and whether to suspend his license. Larkin sought and obtained a restraining order and preliminary injunction from the district court, which found the combination of investigative and adjudicative functions in one body violated due process.

Whether vesting an agency with investigative and adjudicatory authority necessarily violates due process.