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Each party to bear its own costs. Both parties' requests for attorney's fees under 42 U.S.C. § 1988 are denied.

Therefore, we reverse the disciplinary order of the Board in its entirety and dismiss all proceedings against Dr. Mishler with prejudice.

The Board's power was not exercised for the proper and commendable purpose of protecting 297*297 the public from incompetent and negligent physicians. Instead, the Board wielded its power to ruin the career of an outspoken physician while simultaneously protecting a possibly negligent or incompetent practitioner who had questionable billing procedures.

Also, while the Board used its own rules of confidentiality as an excuse to obstruct Dr. Mishler's access to evidence, it violated the same policy with respect to Dr. Mishler's confidential reports.

mistakenly concluded that the cardiologist was repeatedly negligent and was a danger to the safety of the public.

failing to enforce the standard practices

for providing excellent patient care

wrongfully disciplined physicians for reporting their colleagues