Wang

Wang v. Blue Cross Blue Shield Ass'n

Good Law
55 F. App'x 802
United States Court of Appeals for the Ninth CircuitJanuary 2, 2003No. 01-16038; D.C. No. CV-00-00541-HG/BMKCalifornia395 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant E. Blossom Wang, M.D., sued Hawaii Medical Service Association (“HMSA”) and Blue Cross Blue Shield Association (“BCBSA”) alleging violations of her First and Fourteenth Amendment rights. The district court granted BCBSA’s motion to dismiss Wang’s Second Amended Complaint, granted HMSA’s motion for summary judgment, denied Wang’s cross motion for summary judg *803 ment as moot and dismissed the case. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court properly granted HMSA’s motion for summary judgment. Neither party claims that there are disputed issues of material fact, and Wang has failed to demonstrate the state action and compulsion necessary to support her First and Fourteenth Amendment claims. HMSA is not a state actor, and its behavior and any relationship it has to the government or governmental regulation do not constitute state action under any relevant theories. Brentwood Academy v. Tenn. Secondary School Athletic Ass’n, 531 U.S. 288 ,. 296, 121 S.Ct. 924 , 148 L.Ed.2d 807 (2001) (listing seven approaches to the issue). Wang’s payments to HMSA are not compelled, and her circumstances are not analogous to those…

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