Marshall v. Meadows (Summary)

RACIAL DISCRIMINATION

Marshall v. Meadows, No. CIV S-10-1286 JAM DAD PS (E.D. Cal. Mar. 16, 2011)

The United States District Court for the Eastern District of California granted a motion to dismiss various race discrimination claims brought pro se by a physician against a hospital and one of its employed physicians. The plaintiff-physician alleged that the hospital altered his patients’ medical records and that one of its employed physicians contacted patients and gave false information. The court dismissed the §1983 and Fourteenth Amendment claims because the plaintiff-physician had not alleged facts establishing any significant involvement by the state with the defendants’ alleged actions. The court further stated the alleged conduct appeared to be the result of merely private conduct which is excluded from §1983 and the Fourteenth Amendment claims. The §1985 claim was dismissed because the plaintiff-physician did not allege any facts to suggest the defendants were motivated by racial animus and deprived him of a legally protected right. The §1981 claim was dismissed because the plaintiff-physician did not allege that a contractual relationship existed between himself and the defendants, which is necessary under this statute. The court also dismissed the Title VII claim because the plaintiff-physician failed to allege the necessary facts to satisfy the elements of a racial discrimination case. All the federal claims were dismissed and therefore the court declined to exercise jurisdiction and address the state law claims. The court, however, allowed the plaintiff-physician to amend his complaints to try to cure the defects noted above.