Fobbs
Fobbs v. Holy Cross Health System Corp.
Opinion
Lead Opinion
Ferguson, J.
Plaintiff Denard M. Fobbs, M.D. seeks judgment against defendant St. Agnes Hospital and Medical Center (“St. Agnes” or “hospital”) and various individual physician defendants who were on the Medical Staff and served on various peer review committees at the hospital for the summary suspension of his staff privileges.
In 1987, Dr. Fobbs, an African American, was granted privileges by the hospital to perform intra-abdominal laser surgery as a member of the Department of Obstetrics-Gynecology/Perinatology. After the hospital summarily suspended these privileges on September 29, 1989, Dr. Fobbs filed a complaint against defendant Holy Cross Health Systems Corporation, its subsidiary Saint Agnes Hospital, and twenty-seven individual defendant physicians.
After a series of motions and amendments, Dr. Fobbs’ second amended complaint consisted of various allegations involving civil rights and antitrust violations.
This appeal involves the following specific claims in that complaint: the first claim pursuant to the Sherman Antitrust Act, 15 U.S.C. § 2 ; the second claim pursuant to 42 U.S.C. § 1981 ; the third claim pursuant to Title VI of the Civil Rights Act, 42 U.S.C. § 2000d, against…