Ascherman v. Presbyterian Hospital

507 F.2d 1103 Stanford W. ASCHERMAN, M.D., Plaintiff-Appellant, v. PRESBYTERIAN HOSPITAL OF PACIFIC MEDICAL CENTER, INC., aka Presbyterian Medical Center, and Pacific Medical Center, aka Presbyterian Hospital of Pacific Medical Center, Defendants-Appellees. No. 74-1105. United States Court of Appeals, Ninth Circuit. Dec. 10, 1974. Brian McCarthy (argued), San Francisco, Cal., for plaintiff-appellant. Herbert I. Pierce, III (argued), of Crosby, Heafy, Roach & May, Oakland, Cal., for defendants-appellees. OPINION Before DUNIWAY, INGRAHAM * and WALLACE, Circuit Judges. INGRAHAM, Circuit Judge: 1 This appeal presents the question whether a private hospital's receipt of federal funds under the Hill-Burton Act, 1 coupled with federal and state tax exemptions, constitutes state action sufficient to confer jurisdiction on this court under 42 U.S.C. 1983. The district court concluded that the mere receipt of federal funds for construction of the facilities, even when coupled with the asserted tax exemptions, was an insufficient connection with the State of California or the federal government to transform the conduct of a purely private hospital into action of the state and dismissed…