Janda

Janda v. Madera Community Hospital

Good Law
16 F. Supp. 2d 1181·98 Daily Journal DAR 12551·14 I.E.R. Cas. (BNA) 1362·1998 U.S. Dist. LEXIS 17815
United States District Court, Eastern District of CaliforniaAugust 17, 1998CV-F-98-5021 OWW DLBCalifornia4,450 words

Opinion

Opinion

Wanger, J.

MEMORANDUM OPINION RE: DEFENDANTS’ MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6)

I. INTRODUCTION

Plaintiff John P.S. Janda, a physician, initiated this suit on January 7, 1998, after the Madera Community Hospital closed its orthopedic department, alleging the closure was undertaken to eliminate non-Caucasian physicians to change the racial composition of the orthopedic department. Plaintiff asserts state law and civil rights claims under 42 U.S.C. §§ 1981 , 1985(3) against Defendants.

Defendants move to dismiss Plaintiffs fourth and fifth claims for failure to state a claim. See Fed.R.Civ.P. 12(b)(6). The motion is DENIED IN PART AND GRANTED IN PART.

II.FACTUAL BACKGROUND

Plaintiff was born in India to Indian parents and is now a United States citizen. He is an orthopedic surgeon licensed to practice medicine in the state of California. In 1983, Plaintiff was appointed to Madera Community Hospital’s (“Hospital”) courtesy medical staff. Three years later, in 1986, Dr. Janda was elevated to the Hospital’s “active” staff.

The Hospital is a private, not-for-profit hospital organized under the laws of California. Its medical departments are managed under an “open” and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.