San Bernardino Physicians' Services Medical Group, Inc. v. County of San Bernardino, Board of Supervisors for San Bernardino, Francis L. Comunale

INTRODUCTION

Appellant San Bernardino Physicians’ Services Medical Group (Physicians’ Group) contends that the San Bernardino County Board of Supervisors constructively breached Physicians’ Group’s four-year contract to provide professional services at the San Bernardino Medical Center (Medical Center). Physicians’ Group brought a civil rights suit under 42 U.S.C. § 1983 , alleging that the County deprived the Group of its property interest in the contract without due process of law. The district court granted the defendants’ motion for summary judgment or a directed verdict on the ground that our opinion in Loehr v. Ventura County Community College District, 743 F.2d 1310 (9th Cir.1984), established that the right to performance of a contract is not a “property interest” protected by the Fourteenth Amendment.

Although we read Loehr more narrowly than did the district court, we agree that appellant had no protected property interest. We therefore affirm the summary judgment.

FACTS

In January 1980, appellant Physicians’ Group, a California professional corporation, contracted with the Board of Supervisors to provide professional emergency room and burn care treatment services…