Barbara Ann Chrisman v. Sisters of St. Joseph of Peace, an Oregon Corporation Doing Business as Sacred Heart General Hospital

In deciding this appeal, we hold that the district court correctly dismissed an action under 42 U.S.C. § 1983 and 28 U.S.C. § 1343 for declaratory judgment, equitable relief and damages brought against a private hospital because of its refusal to permit sterilization of a woman patient. We dispose of the matter on jurisdictional grounds and need not consider all issues raised by the plaintiff-appellant.

The action was instituted by a 23-year old married woman against the defendants who do business as Sacred Heart General Hospital in Eugene, Oregon. Also joined were the hospital administrator and physicians who were members of the hospital’s sterilization committee. It was alleged that the denial of the request of the plaintiff for a tubal ligation following birth of her second child was motivated primarily by religious beliefs. After Sacred Heart Hospital refused permission, the plaintiff had been transported across the city to the Eugene Hospital where the surgery was performed. The defense asserted that refusal at Sacred Heart Hospital was based on good medical practice and not religious reasons.

The trial judge before whom the cause was tried empaneled a jury to…