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· 8/25/1977

Allen P. Schlein, M.D. v. The Milford Hospital, Inc.

Citations

  • 561 F.2d 427
  • 1977 U.S. App. LEXIS 11817

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that private hospital’s actions were not attributable to the State simply because the State licenses the hospital and its physicians
  • holding no state action because of absence of a nexus without discussing symbiotic relationship analysis, where the state played no part in either formulating hiring procedures of hospital or applying them to appellant
  • holding no state action because of absence of a nexus without discussing symbiotic relationship analysis, where the state played no part in either formulating hiring procedures of hospital or applying them to appellant
  • affirming dismissal “for lack of jurisdiction” where alleged denial of constitutional rights did not amount to “state action”
  • state regulation of hospitals does not convert private hospital’s denial of plaintiff doctor’s application for staff privileges into state action
  • “The mere fact that [the State] regulates the . . . private hospital does not per se make the acts of the hospital . . . the acts of the state.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kaufman, Mansfield, Anderson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.