Chudacoff v. UNIV. MED. CENTER OF SOUTHERN NEVADA
649 F.3d 1143
| 9th Cir. | 2011Background
- Chudacoff, a physician, had his UMC staff privileges suspended by the MEC; the suspension led to NPDB reporting and subsequent actions by related medical institutions.
- UMC is a Nevada county hospital; the Clark County Board of Commissioners sits ex officio on the UMC Board with final authority over bylaws.
- MEC and Medical Staff, per UMC Bylaws, have authority to grant/suspend privileges, with the Board retaining appellate review and policymaking authority.
- Chudacoff sued under 42 U.S.C. §1983 alleging due process violations and sought to amend to add §1983 claims; district court previously ruled there were due process violations and no HCQIA immunity.
- District court granted partial summary judgment: due process violation due to state-action issue unresolved; HCQIA immunity issue addressed; district court denied leave to amend.
- On appeal, the Ninth Circuit reverses as to the individually named voting MEC doctors for state-action liability, and affirms as to other defendants; remands for proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MEC voting doctors are state actors for §1983 liability. | Chudacoff argues doctors acted under color of state law. | Defendants contend private actors cannot be state actors. | Yes; MEC voting doctors are state actors. |
| Whether Kathleen Silver is liable under §1983. | Silver's MEC participation makes her liable. | Silver had a non-voting, passive role; not liable. | No; not an integral participant. |
| Whether UMC, the Board, and the Medical and Dental Staff can be liable under §1983. | Institutional policy or final policymaker liability exists. | No evidence of policy or final policymaker participation; no Monell liability. | Affirmed for these entities. |
| Whether leave to amend to add §1983 claims was properly denied. | Amendment would not be futile; state-action facts support amendment. | Amendment to add §1983 claims would be futile. | Granted; leave to amend was proper. |
Key Cases Cited
- Brentwood Acad. v. Tenn. Secondary Sch. Athletic Ass'n, 531 U.S. 288 (U.S. 2001) (state action nexus, close connection between state and private actors)
- Monell v. Dept. of Soc. Servs., 436 U.S. 658 (U.S. 1978) (local government liability for official policy or custom)
- West v. Atkins, 487 U.S. 42 (U.S. 1988) (state action when public hospital doctors act under state authority)
- Woodbury v. McKinnon, 447 F.2d 839 (5th Cir. 1971) (public hospital operations involve state action)
- Sutton v. Providence St. Joseph Med. Ctr., 192 F.3d 826 (9th Cir. 1999) (private hospital with state links can be state action under certain nexus)