Dennis Wilcox v. Hi-Desert Memorial Healthcare District

MEMORANDUM

Plaintiff Dennis D. Wilcox, a physician, appeals the district court’s dismissal with prejudice of this action under 42 U.S.C. § 1988 against Defendant Hi-Desert Medical Center, which terminated Plaintiffs hospital privileges. Reviewing de novo, Doe No. 14 v. Internet Brands, Inc., 767 F.3d 894, 896 (9th Cir.2014), we affirm.

1. Plaintiffs argument that the district court erred when it stayed this action pending the resolution of state proceedings is moot, because the state proceedings have concluded. Therefore, we do not reach the merits of that argument.

2. Claim preclusion bars Plaintiffs federal claims. We follow California preclusion rules. Kremer v. Chem. Constr. Corp., 456 U.S. 461, 482 , 102 S.Ct. 1888 , 72 L.Ed.2d 262 (1982). We give preclusive effect to the decision of the Judicial Review Committee because (a) it acted in a judicial capacity; (b) it resolved disputed issues of fact that were properly before it; (c) Plaintiff had an adequate opportunity to litigate his claims, including constitutional claims; and (d) the peer review proceeding and this action are between the same parties and involve the same primary right, specifically the right of Plaintiff…