Thomas

Appellants Linda Thomas and Harvey Thomas, individually and as guardian ad litem for Latoya Thomas, appeal from the judgment entered in favor of respondents David L. Chadwick and Children’s Hospital and Health Center following an order granting respondents’ motion for judgment on the pleadings. Appellants’ complaint sought damages from respondents under 42 United States Code section 1983 , claiming acts of respondents ultimately led to appellants being deprived of their civil and constitutional rights.

1. Factual Background

The facts presented are undeniably tragic. On January 17, 1986, appellants’ two-month-old child, Harvey, was transferred from a hospital in Brawley, California to Children’s Hospital and Health Center in San Diego, California. The infant was examined by Dr. Chadwick, a physician employed by Children’s Hospital, who failed to recognize the infant was suffering symptoms attributable to a congenital defect (i.e., a subdural hematoma caused by an arteriovenohs malformation of the brain); Instead, Dr. Chadwick diagnosed the child was suffering from injuries of a nonaccidental nature which could only have resulted from a violent shaking or a fall. Because…