Marc A. Stretten v. Wadsworth Veterans Hospital

This case reaches us as an appeal from the district court order stating that plaintiff Stretten was entitled both under federal statute and under the Constitution to notice and a trial-type hearing prior to his dismissal from his position as a resident physician in pathology at Wadsworth Veterans Hospital. In addition, the lower court enjoined the dismissal of plaintiff from the residency program. We find no statutory claim to such a procedure. Further, we disagree with the district court’s finding that a liberty interest of plaintiff has been infringed by his dismissal. While we agree with plaintiff and the district court that plaintiff did have a property interest in retaining his residency for four years, we disagree with the conclusion that such an interest mandates a full scale adversary hearing, either before or after dismissal. We feel that the requisites of due process were met in this case and hence we reverse and direct the district court to dissolve its injunction.

1. The Facts.

Plaintiff Marc A. Stretten is a physician who began employment on November 26, 1972 as a resident in pathology at Wads-worth Veterans Administration Hospital in Los Angeles. The form…