CA5: Medical Board violated 4A by demanding immediate compliance with SDT; but they get qualified immunity

The Texas Medical Board violated the Fourth Amendment when conducting an administrative search of a physician’s office because it demanded immediate compliance with its subpoena. The medical industry as a whole was not a closely regulated industry, and the statutory scheme was not a proper substitute for a search warrant because there were insufficient limits on the discretion of the Board. The Board members, however, were entitled to qualified immunity because the unlawfulness of their conduct was not clearly established at the time of the search, and the search was not pretextual. Zadeh v. Robinson, 2019 U.S. App. LEXIS 19797 (5th Cir. July 2, 2019).

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