Ferraro v. Bd. of Tr. of Labette County Med. Ctr.,
No. 00-3261 (10th Cir. Dec. 7, 2001)

The Tenth Circuit Court of Appeals affirmed a district court's grant of summary judgment for a medical center in a lawsuit brought by a registered nurse anesthetist who claimed denial of procedural due process in suspension of his privileges.

Plaintiff's privileges to practice anesthesia were suspended following several incidents of unusual and unprofessional behavior. After a hearing, his privileges were reinstated. He then filed a complaint alleging violations of substantive and procedural due process, as well as a violation of a liberty interest in his professional reputation. He claimed the relief afforded by the hospital's post-termination review was incomplete because it did not include back pay.

The Tenth Circuit held that plaintiff's claim to back wages was without merit. As a fee-for-service provider, he was not an employee of the medical center. Plaintiff had no property rights arising from his independent contractor relationship with the medical center, and no property interest in back pay. Because plaintiff's rights were fully restored by the post-deprivation hearing, the district court's grant of summary judgment in favor of the medical center was upheld.