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United States Tenth Circuit


NIETO v. KAPOOR, 00-2121

Under 42 USC 1983, a doctor who contracted with a state hospital to provide patient care, supervise hospital staff in the provision of patient care, and train hospital staff acts under color of law when undertaking his supervisory duties over hospital employees even if he is not an official employee of the hospital.

Appellate Information

  • Decided 10/31/2001
  • Published 10/31/2001

Judges

  • SEYMOUR, Circuit Judge., Before SEYMOUR, HOLLOWAY and MURPHY, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellees:
  • Mark Jarmie (Rosario Dyana Vega with him on the briefs) of Sharp & Jarmie, P.A., Albuquerque, NM, for Defendant-Appellant., Tandy Hunt of Tandy Hunt, P.C., Roswell, NM (Randy Clark of Randy K. Clark, P.C., Roswell, NM;  and Kathryn Hammel of Cates & Hammel, P.C., Albuquerque, NM, with him on the brief), for Plaintiffs-Appellees.
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