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Capili v. Shott

United States Court of Appeals, Fourth Circuit
Apr 14, 1980
620 F.2d 438 (4th Cir. 1980)

Summary

concluding as a matter of law that " physician . . . has no constitutional right to staff privileges at a public hospital . . . merely because he is licensed to practice medicine."

Summary of this case from Kessel v. Monongalia County General Hosp

Opinion

No. 78-1568.

Argued December 3, 1979.

Decided April 14, 1980.

Paul S. Hudgins, Bluefield, W.Va., for appellant.

J. W. Feuchtenberger, Bluefield, W.Va. (Kwass, Stone, McGhee Feuchtenberger, Bluefield, W.Va., on brief), Guy W. Perkins, Bluefield, W.Va., (Katz, Kantor, Katz, Perkins Cameron, Bluefield, W.Va., Richard L. Hirshberg, Washington, D.C., on brief), for appellees.

Appeal from the United States District Court for the Southern District of West Virginia.

Before PHILLIPS and SPROUSE, Circuit Judges, and HOFFMAN, District Judge.

Honorable Walter E. Hoffman, United States District Judge for the Eastern District of Virginia, sitting by designation.


Appellant Capili, a physician, brought this action seeking injunctive relief and monetary damages after he was denied anesthesiology privileges at a public hospital because the hospital's governing body elected to enter into a contract granting a professional medical corporation the exclusive right to provide anesthesiology services at the hospital. Capili, who specializes in anesthesiology, contended below as he does here that the defendants' refusal to grant him such privileges based on that exclusive contract constitutes a violation of the Sherman Act, 15 U.S.C. § 1 et seq., and violates his civil rights as protected by 42 U.S.C. § 1983.

The district court dismissed the antitrust claim upon defendants' Rule 12(b)(6) motion. It held that Capili's factual allegation could not support plaintiff's contention that interstate commerce was "substantially affected."

Thereafter, the district court, following a hearing on the merits of the remaining § 1983 claim, granted defendants' motion to dismiss under Rule 41(b), Federal Rules of Civil Procedure. The Court concluded that the question of whether the governing body of a public hospital can constitutionally treat physicians differently is governed by the traditional rational basis inquiry. The Court went on to find the defendants' actions in entering into the exclusive contract, which provided for anesthesiology services on a 24-hour-per-day, 7-day-per-week basis, was reasonable and justified by the community's and hospital's needs. The requirements for provision of proper care and services to surgical patients formed a rational basis for the exclusive contract decision.

We have examined the record and considered the written and oral arguments, and are of the opinion that the district court's judgment is fully supported by the law and the evidence. We, therefore, affirm.

AFFIRMED.


Summaries of

Capili v. Shott

United States Court of Appeals, Fourth Circuit
Apr 14, 1980
620 F.2d 438 (4th Cir. 1980)

concluding as a matter of law that " physician . . . has no constitutional right to staff privileges at a public hospital . . . merely because he is licensed to practice medicine."

Summary of this case from Kessel v. Monongalia County General Hosp

affirming district court's conclusion that the question of whether the governing body of a public hospital can constitutionally treat physicians differently is governed by the traditional rational basis inquiry"

Summary of this case from Cainhoy Athletic Soccer Club v. Town of Mount Pleasant
Case details for

Capili v. Shott

Case Details

Full title:N. N. CAPILI, APPELLANT, v. NED SHOTT, B. L. JACKSON, JR.; E. G. WATKINS…

Court:United States Court of Appeals, Fourth Circuit

Date published: Apr 14, 1980

Citations

620 F.2d 438 (4th Cir. 1980)

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