Doctor Versus Prosecutor
In late 1998, Utah state officials demanded that board-
certified neurologist Taj Becker, M.D., of St. George, pay
$107,000 in returns, fines, and investigative costs, within two
weeks, or face criminal prosecution, incarceration, loss of her
medical license, and bad publicity. Prosecutor J. Denis Kroll
testified that he informed Dr. Becker of the "parade of horrors"
(Becker v. Kroll, 340 F. Supp. 2d 1230, 1234 (D. Utah
2004).
There was no basis for this demand or for the criminal
prosecution that ensued when Dr. Becker refused to capitulate,
and instead complained about the abusive tactics of the Medicaid
Fraud Control Unit (MFCU) through testimony before legislative
committees and letters to officials and the news media. The
charges were eventually dropped, and Dr. Becker sued on the basis
of malicious prosecution and retaliation for exercising her
freedom of speech. While acknowledging that there was evidence
for malicious prosecution, the lower court held that years of
harassment and threats did not violate Dr. Becker's civil rights
because she was never actually incarcerated. Dr. Becker appealed
to the Tenth Circuit Court of Appeals.
- US Court of Appeals - Tenth Circuit reverses the District Courts dismissal of Dr. Beckers First Amendment retaliation claims and remands to the District Court - 7/19/2007
Read Opinion
- AAPS Amicus Brief - 07/25/2005
Download in PDF Format
- AAPS Motion for Leave to File Amicus Brief - 02/25/2005
Download in PDF Format