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IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF TEXASAUSTIN DIVISIONTHE ASSOCIATION OF AMERICAN )PHYSICIANS & SURGEONS, INC., )) Civil ActionPlaintiff, ))vs. . ) No. A-08-CV-675-LY)THE TEXAS MEDICAL BOARD (TMB), )ROBERTA M. KALAFUT, )MICHAEL ARAMBULA, JULIE K. )
AMENDED
ATTEBURY, PATRICIA S. BLACKWELL, )
COMPLAINT
MANUEL G. GUAJARDO, )MELINDA McMICHAEL, MARGARET )McNEESE, CHARLES E. OSWALT, )PAULETTE BARKER SOUTHARD, )TIMOTHY J. TURNER, TIMOTHY WEBB, )IRVIN E. ZEITLER, AND JOHN DOES )WHO ARE WORKING FOR THE TMB, )INDIVIDUALLY AND )IN THEIR OFFICIAL CAPACITIES, ))Defendants. )_________________________________________)The Association of American Physicians & Surgeons, Inc. (“AAPS”)seeks declaratory and injunctive relief as follows:
NATURE OF THE ACTION
 1.
 
AAPS brings this action to end the pervasive and continuingviolations of constitutional rights of its members by the Defendants,
 
2
including the Defendant Texas Medical Board (“TMB”). On behalf of itsmembers, AAPS complains about Defendants’:
•
 
manipulation of anonymous and/or confidential complaints;
•
 
conflicts of interest;
•
 
violation of due process; and
•
 
retaliation against those who speak out.2.
 
Through their protected liberty interests in reputation andproperty interests in their medical licensing and economic affairs, AAPSmembers have been harmed by virtue of one or more of the foregoingviolations of their constitutional or federal rights.3.
 
AAPS seeks declaratory and injunctive relief under 42 U.S.C. §1983 to enjoin these continuing violations of its members’ rights.
THE PARTIES
4.
 
Plaintiff AAPS is a not-for-profit membership organizationincorporated under the laws of Indiana and headquartered in Tucson,Arizona. AAPS’s members consist of thousands of physicians nationwide,including many in Texas. AAPS members have constitutionally protectedliberty interests in their reputation and property interests in their medicallicensing and economic well-being. Many of the members of AAPS havebeen harmed by disciplinary proceedings at the TMB that have violated their
 
3
rights under the U.S. Constitution or federal law. The protection of AAPSmembers from arbitrary and unlawful government action is central toAAPS’s mission on behalf of its members.5.
 
Defendant Texas Medical Board (TMB) is a state regulatorybody that licenses and disciplines physicians.6.
 
Defendant Roberta M. Kalafut (“Kalafut”) is a former Presidentof the TMB who continues to serve on the District 3 Review Committee of the TMB.7.
 
Defendant Michael Arambula (“Arambula”) is a member of theTMB.8.
 
Defendant Julie K. Attebury (“Attebury”) is a member of theTMB.9.
 
Defendant Patricia S. Blackwell (“Blackwell”) is a member of the TMB.10.
 
Defendant Manuel G. Guajardo (“Guajardo”) is a member of the TMB.11.
 
Defendant Melinda McMichael (“McMichael”) is a member of the TMB.12.
 
Defendant Margaret McNeese (“McNeese”) is a member of theTMB.
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