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United States Fourth Circuit


Philips v. Pitt Cty. Mem. Hosp., 07-1986

In a 42 U.S.C. section 1983 civil rights action based on the suspension of plaintiff's practice privileges at defendant hospital, dismissal of the complaint is affirmed where the hospital was not a state actor because the members of its board were not employees of, or controlled by, the county.

Appellate Information

  • Decided 07/13/2009
  • Published 07/13/2009

Judges

  • Before WILLIAMS, Chief Judge,MICHAEL, Circuit Judge, and JOHN T. COPENHAVER, JR., United States District Judge for the Southern District of West Virginia, sitting by designation.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Karin Marshall Zaner, Kane, Russell, Coleman & Logan, Dallas, Texas, for Appellant.  Charles David Creech, Harris, Creech, Ward & Blackerby, New Bern, North Carolina, for Appellees.   ON BRIEF:  Lisa M. Schreiner, Deborah N. Meyer, Meyer Law Offices, P.A., Cary, North Carolina, for Appellant.  W. Gregory Merritt, Jay C. Salsman, Harris, Creech, Ward & Blackerby, New Bern, North Carolina, for Appellees.
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