122828P.pdf   08/08/2013  Fedja Rochling  v.  Dept. of VA
   U.S. Court of Appeals Case No:  12-2828
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Benton, Author, with Colloton and Gruender, Circuit Judges] 
   Civil case - Administrative Procedure Act. In action claiming the VA 
   violated the APA and plaintiff's substantive and due process rights when 
   it reported a settlement to the National Practitioner Data Bank, the 
   district court did not err in dismissing the procedural due process claim 
   as plaintiff's claim that the report injured him was speculative and 
   conclusory and failed to plead a deprivation of a constitutionally 
   protected interest; the complaint failed to state a claim for a violation 
   of substantive due process; the VA's fact finding procedures were adequate 
   and the district court applied the proper review standard - arbitrary and 
   capricious - rather than de novo review; the district court did not 
   grossly abuse its discretion in denying plaintiff's request to supplement 
   the administrative record; the VA's decision in the matter was not 
   arbitrary or capricious, and the district court did not err in granting 
   the VA's motion for summary judgment.