In a 42 U.S.C. section 1983 action based on the suspension of Plaintiff’s practice privileges at Defendant hospital, the 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.

Read Philips v. Pitt Cty. Mem. Hosp., No. 07-1986

Appellate Information

Argued: October 29, 2008

Decided: July 13, 2009

Judges

Opinion by Judge Copenhaver

Counsel

For Appellant:

Karin Marshall Zaner, Kane, Russell, Coleman & Logan, Dallas, TX

For Appellees:

Charles David Creech, Harris, Creech, Ward & Blackerby, New Bern, NC

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