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DAUGHERTY v. SHEER

No. 17-5128.

891 F.3d 386 (2018)

Michael J. DAUGHERTY and LabMD, Inc., Appellees v. Alain H. SHEER, in his individual capacity and Ruth T. Yodaiken, in her individual capacity, Appellants Does 1-10, in their individual capacities, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 1, 2018.

Attorney(s) appearing for the Case

Tyce R. Walters , Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Jessie K. Liu, U.S. Attorney, and Mark B. Stern , Attorney.

James W. Hawkins , Atlanta, GA, argued the cause and filed the brief for appellees.

Patrick J. Massari and Michael Pepson were on the brief for amicus curiae Cause of Action Institute in support of plaintiffs-appellees.

Before: Pillard and Wilkins, Circuit Judges, and Sentelle, Senior Circuit Judge.

This case requires us to decide whether two Federal Trade Commission attorneys are immune from suit for their conduct during an enforcement action against a medical-records company after the company's CEO publicly criticized the FTC about their investigation, where the company's data-security practices made patient records...

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