Chudacoff

Chudacoff v. University Medical Center of Southern Nevada

Good Law
649 F.3d 1143·2011 WL 2276774
United States Court of Appeals for the Ninth CircuitJune 9, 2011Nos. 09-17558, 09-17652California3,761 words

Opinion

Lead Opinion

Hawkins, J.

Richard Chudacoff, M.D. (“Chudacoff’) appeals the grant of summary judgment (the “November Order”) in his civil rights action arising from the suspension of his medical staff privileges at the University Medical Center of Southern Nevada (“UMC”), a county hospital organized under the laws of Nevada, as well as the denial of his motion for leave to file a third amended complaint asserting claims under 42 U.S.C. § 1983 .

This case is not about whether Chudacoff s UMC staff privileges were a protected property interest or whether he was denied adequate procedural protections when his privileges were suspended without notice or opportunity to be heard. See Kildare v. Saenz, 325 F.3d 1078, 1085 (9th Cir.2003). These issues were resolved in Chudacoff s favor by an earlier decision of the district court (the “April Order”) and have not been appealed by defendants. Instead, this case asks us to determine only whom, if anyone, Chudacoff may sue under 42 U.S.C. § 1983 for his constitutional injury.

We answer this question by reversing as to the individually named doctor defendants who serve as voting members of UMC’s physician credentialing committee and who therefore directly…

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