Harvey

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT FILED BY DEFENDANTS ACMC AND LORIG; ORDER GRANTING IN PART MOTION FOR SUMMARY JUDGMENT FILED BY DEFENDANT ALAMEDA COUNTY; REMANDING STATE LAW CLAIMS

Before the Court are two motions for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, filed, respectively, by the County of Alameda (“County”), sued herein as the Alameda Sheriffs Department, and by the Alameda County Medical Center (“ACMC”) and Milton Lorig, M.D. (“Dr.Lorig”). Plaintiff Dorothy Harvey (“Harvey”) has filed oppositions, to which defendants have replied. Having considered the papers filed in support of and in opposition to the motions, the Court rules as follows.

BACKGROUND

On May 16, 2001, Harvey, accompanied by her mother Luretha Harvey, went to Highland General Hospital (“Highland”) to seek treatment for chest pain. (Harvey Dep. at 41, 49-50; Luretha Harvey Dep. at 13-15. ) Highland is part of ACMC, a “public hospital authority.” (Simon Decl. at 2.) Harvey went to the emergency room area and advised a triage nurse that she felt she was having a heart attack because she was experiencing chest pains, shortness of breath, and a rapid heart beat.…