United States Ninth Circuit

In an action raising civil rights claims under federal and state law brought by a physician asserting that he was discriminated against based on his race, sexual orientation, and perceived disability by doctors and nurses at a hospital where he treated patients, dismissal of plaintiff's claims is affirmed in part, but reversed in part where: 1) for purposes of a 42 U.S.C. section 1981 hostile work environment claim, plaintiff's complaint was sufficient under notice pleading requirements; 2) dismissal of state Unruh Civil Rights Act claims was not erroneous; and 3) FEHA claims were properly dismissed pursuant to the statute of limitations. (Superseding opinion)

Appellate Information

• Argued 10/18/2007
• Decided 07/28/2008
• Published 07/28/2008

Judges

• Before:  DIARMUID F. O'SCANNLAIN and MILAN D. SMITH, JR., Circuit Judges, and MICHAEL W. MOSMAN, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Dale L. Gronemeier, Gronemeier & Associates, P.C., South Pasadena, CA, argued the cause for the plaintiff-appellant, and filed briefs.


• For Appellees:
  
• James L. Payne, Payne & Fears LLP, Irvine, CA, argued the cause for the defendants-appellees, and filed a brief;  Laura Fleming, Payne & Fears LLP, Irvine, CA, and Tami Smason, Foley & Lardner LLP, Los Angeles, CA, were on the brief.