Babchuk v. Ind. Univ. Health, Inc. (Summary)

STATE ACTION/DUE PROCESS

Babchuk v. Ind. Univ. Health, Inc., No. 1:13-cv-01376-JMS-DML (S.D. Ind. Apr. 30, 2014)

The Southern District of Indiana denied defendants’ motion to dismiss plaintiff’s civil rights claim. Plaintiff, a doctor and former employee of defendants, alleged that defendants are state actors and that he was wrongfully terminated by them without due process. Defendants argued that they are not state actors and this claim should be dismissed because this is not a matter under federal court jurisdiction. The court held that the issue of whether they were state actors is an element of plaintiff’s civil rights claim over which the court has jurisdiction. Moreover, the defendants attempt to argue that plaintiff failed to state a claim, but because they did not assert it in their original motion to dismiss, they waived their right to this argument.