Newby v. Bon Secours St. Francis Family Medicine Residency Program (Summary)
DUE PROCESS
Newby v. Bon Secours St. Francis Family Medicine Residency Program, No. 3:14V459 (E.D. Va. Oct. 27, 2014)
The U.S. District Court for the Eastern District of Virginia dismissed claims brought by an African-American resident who resigned after failing her first year rotations three times alleging that she was denied her due process rights under the Fourteenth Amendment. To prove her claim, the plaintiff was required to show that she was denied a right guaranteed by the Constitution under the color of state law. The court ruled that she failed to show that she had a constitutionally protected right to continue in her graduate program or that the Residency Program or Residency Directors who gave her unfavorable recommendations were state actors or acting under color of state law.
NOTE: There are two documents for this case: 1 – is an order and 2 – is the Report and Recommendation.