(DOWNLOAD) "Landefeld V. Marion General Hospital Inc." by Sixth Circuit U.S. Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Landefeld V. Marion General Hospital Inc.
- Author : Sixth Circuit U.S. Court of Appeals
- Release Date : January 18, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
CELEBREZZE, Senior Circuit Judge. Plaintiff-appellant, Ronald A. Landefeld, M.D., appeals the Order of the United States District Court for the Northern District of Ohio, Western Division, granting summary judgment in favor of defendant, Marion General Hospital ("Hospital"), which resulted in the dismissal of plaintiff's complaint. Plaintiff had originally filed his action pursuant to § 504 of The Rehabilitation Act of 1973, as codified at 29 U.S.C. § 794 et seq. ("the Act"), alleging his medical staff privileges were suspended by the Hospital and he was refused reinstatement solely for reasons of his handicap*fn1 Plaintiff also brought various state law causes of action involving breach of contract and tort claims. Defendant filed a Motion For Summary Judgment claiming there were no material facts in dispute and defendant was entitled to judgment in its favor as a matter of law*fn2 The matter was referred to a Magistrate who concluded that because the evidence introduced demonstrated plaintiff's suspension was not due solely to his handicap, defendant was entitled to judgment as a matter of law. Although plaintiff filed objections to the Magistrate's Report and Recommendations, the District Court nevertheless ruled that plaintiff had failed to address the decisive issue on which the Magistrate had ruled, viz., whether plaintiff was suspended from staff privileges solely for reasons due to his handicap. Hence, the district court ruled plaintiff had not made out a prima facie case under the Act and granted defendant's Motion For Summary Judgment. Plaintiff filed a timely Notice of Appeal.
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