Due Process

Stein v. Gardner, No. 1:04CV818LG-RHW (S.D.Miss. 2005)

A physician and hospital entered into an employment agreement while establishing an orthopedic surgery practice. After a major third-party insurer failed to recognize the physician as a preferred provider, the hospital temporarily suspended his privileges to one or two days and ultimately terminated his employment. The physician brought a procedural due process claim under the Civil Rights Act, claiming he was deprived a property interest when the hospital temporarily suspended his privileges. However, the court granted summary judgment in favor of the hospital, finding that a temporary suspension of privileges for a few days did not give rise to a deprivation of property interest.