Margaret Daly-Murphy v. Michael Winston, E. Carmack Holmes, Arthur S. Kling, Ronald L. Nelson and the Veterans Administration

Daly-Murphy appeals from a summary judgment denying (1) her claims that the suspension of her clinical privileges at a Veterans Administration hospital was in violation of the Administrative Procedures Act and the Privacy Act; (2) her claims against her supervisors for violations of her constitutional rights under Bivens and 42 U.S.C. § 1983 (1982); and (3) her claims for libel under state law. We affirm.

FACTS

Appellant Dr. Daly-Murphy has been employed by the Veterans Administration (“VA”) since 1976, primarily as an anesthesiologist; at the time this case arose, she worked at the Veterans Administration Medical Center in Sepulveda, California (“Medical Center”). The official capacity of each of the named individual defendants is as follows: Dr. Ronald L. Nelson, Director of the Medical Center; Dr. Arthur S. Kling, Chief of Staff; and Dr. E. Carmack Holmes, Chief of Surgical Services. On December 16, 1983, Dr. Michael S. Winston was appointed Acting Section Chief of Anesthesiology. Conflicts between Winston and Daly-Murphy concerning appropriate procedures and Daly-Murphy’s administration of anesthesia developed almost at once, and continued throughout the next two months.…