Johnson v. Riverside Healthcare System, LP
Opinion
Opinion
O'Scannlain, J.
ORDER AND OPINION
ORDER
The petition for panel rehearing is GRANTED. The opinion filed on February 13, 2008, and appearing at 516 F.3d 759 (9th Cir.2008) is withdrawn. The superseding opinion will be filed concurrently with this order.
OPINION
We are called upon to decide whether a physician who asserts that he was discriminated against (based on his race, sexual orientation, and perceived disability) by doctors and nurses at the hospital where he treated patients can establish civil rights claims under federal and state law.
I
A
Christopher Lynn Johnson worked as a physician at the Riverside Community Hospital (“Riverside”) and as a member of the Medical Staff of Riverside Community Hospital (“Medical Staff’) from October 1999 until February 2002. Johnson’s responsibilities included performing plastic surgeries and providing trauma consultations in Riverside’s emergency room. Johnson identifies himself as African American and bisexual. Soon after he began his tenure at Riverside, Johnson alleges that several physicians regularly harassed him because of his sexual orientation and their mistaken belief that he suffered from HIV/AIDS. He alleges that several nurses harassed…