Tate
Tate v. University Medical Center of Southern Nevada
Opinion
Lead Opinion
Paez, J.
Concurrence by
ORDER
We must decide whether we have jurisdiction to review the district court’s refusal to enjoin a hospital to reinstate a surgeon when he has since lost all of his clinical privileges at the hospital.
I
James Tate, MD, is a board-certified general surgeon who was granted clinical privileges at University Medical Center (“UMC”) by the Medical & Dental Staff of University Medical Center (“Staff”). UMC and Dr. Tate then entered into a Trauma Services Agreement, by which UMC employed Dr. Tate as a surgeon on the trauma on-call schedule. In August, 2008, however, UMC removed Dr. Tate from the trauma on-call schedule after an altercation between Dr. Tate and a patient’s family.
Dr. Tate challenged that removal, pleading numerous causes of action. In particular, Dr. Tate brought a § 1983 claim, alleging that UMC, a county hospital, violated his Fourteenth Amendment due process right in his clinical privileges. The defendants moved to dismiss Dr. Tate’s suit, including the § 1983 claim. Dr. Tate opposed that motion. He also moved for a preliminary injunction reinstating him on the trauma on-call schedule on the basis of his § 1983 claim.
The district court granted…
Concurring Opinion
Paez, J.
concurring:
I concur in the dismissal of Dr. Tate’s appeal as moot. Because the defendants have revoked Dr. Tate’s clinical privileges, and because we lack authority in this suit to restore those privileges, we cannot direct the district court to reinstate him on *635 the trauma on-call schedule. Because we therefore lack the authority to grant any effective relief, this appeal is moot. See Outdoor Media Group, Inc. v. City of Beaumont, 506 F.3d 895, 900 (9th Cir. 2007).
I write separately, however, because the majority’s order inappropriately opines on the merits of Dr. Tate’s due process claim. “It has long been settled that a federal court has no authority ... to declare principles or rules of law which cannot affect the matter in issue in the case before it.” Church of Scientology v. United States, 506 U.S. 9, 12 , 113 S.Ct. 447 , 121 L.Ed.2d 313 (1992) (internal quotations and citation omitted). Because the majority has exceeded its constitutional authority by deciding a question that cannot affect the disposition of this case, I cannot join the order.
Dr. Tate argues that his removal from the trauma on-call schedule violated his constitutionally protected property…