Heath v. Redbud Hospital District

620 F.2d 207
CourtCourt of Appeals for the Ninth Circuit
DecidedMay 30, 1980
DocketNo. 78-1301
StatusPublished
Cited by4 cases

This text of 620 F.2d 207 (Heath v. Redbud Hospital District) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heath v. Redbud Hospital District, 620 F.2d 207 (9th Cir. 1980).

Opinion

BRUCE R. THOMPSON, District Judge.

This is an appeal from a grant of summary judgment in an action brought by plaintiff Heath against Redbud Hospital Dis[209]*209trict, Redbud Hospital Board of Directors, and four individual members of the five-man board. Jurisdiction below was predicated on 42 U.S.C. § 1983 and 28 U.S.C. § 1343. We have jurisdiction under 28 U.S.C. § 1291.

The district court held that Heath’s termination from her position as Administrator of the Redbud Hospital accorded with due process of law and implicated neither plaintiff’s property interests nor liberty interests and granted summary judgment. We agree and affirm.

Initially, the district court dismissed the institutional defendants on the authority of Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961). Subsequently, at about the time defendants’ motion for summary judgment was ripe for decision, plaintiff sought leave to file a Second Amended Complaint renaming the Redbud Hospital District and Redbud Hospital Board of Directors as defendants. Leave to file the Second Amended Complaint was denied at the time summary judgment was granted to defendants.

Shortly after the appeal was filed, the Supreme Court decided Monell v. New York City Dep’t of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) which overruled the Monroe v. Pape concept that the entity defendants are not “persons” within the meaning of 42 U.S.C. § 1983. In the interests of fairness, this court permitted supplemental briefing to assert this assignment of error on appeal. Cf. Moitie v. Federated Dep’t Stores, Inc., 611 F.2d 1267 (9th Cir. 1980). It is, nevertheless, clear that Monell is of no assistance to plaintiff. Plaintiff’s tendered Second Amended Complaint relied specifically and exclusively upon the doctrine of respondeat superior to pin liability to the entity defendants. Monell precludes such reliance. Plaintiff also failed to allege any claimed unconstitutional action which “implements or executes a policy statement, ordinance, regulation or decision officially adopted and promulgated by the body’s officers” (Mo-nell, 436 U.S. at 690, 98 S.Ct. at 690) or any “action pursuant to official . . . policy of some nature [causing] a constitutional tort” (Monell at 691, 98 S.Ct. at 690). It will more clearly appear from discussion of the merits that the established facts cannot support a further amendment to bring the case within Monell’s requirements.

Vivian Heath was hired as a bookkeeper at Redbud Hospital in 1971. After three months she was interviewed by the Personnel Committee, the position of Controller was created, and she was appointed to the position. She served as Controller until 1974 when she became Administrator, and the position of Controller was not filled. A special meeting of the Board was held on August 17, 1976 concerning the management of the hospital, a discussion was had with Mrs. Heath in executive session, and thereafter in open session a resolution was adopted that “Mrs. Heath be given a further sixty days to show that she can accomplish the proper control and at the end of that time the Board shall reevaluate the performance and if these (sic) are considered inadequate, Mrs. Heath will be placed in the position of Controller.”1

Another Special Board meeting was held October 18, 1976. There was an executive session. In open session the following resolution was adopted: “to ask for Mrs. Heath’s resignation or termination to be effective November 1, 1976.” Four of the five Board members were in favor of termination.

A regular meeting of the Board was held on October 26, 1976. The minutes of the October 18th meeting were corrected by adding: “The Board asked Mrs. Heath if she would like the opportunity to go into executive session to discuss any matters. Mrs. Heath declined the opportunity to do so.” At the October 26th meeting Mrs. Heath read and presented a letter to the Board formally requesting a public hearing regarding her termination as Administra[210]*210tor. A motion was also made and passed to offer Mrs. Heath the position of Controller. Mrs. Heath declined the offer.

The Redbud Hospital was established pursuant to the Local Hospital District Law (Cal. Health & Safety Code, §§ 32000, et seq.) The Code provides (Sec. 32121): “Each local hospital district shall have and exercise the following powers: (h) To prescribe the duties and powers of the hospital administrator, secretary and other officers and employees of any such hospitals; to determine the number of and appoint all such officers and employees, and to fix their compensation, which officers and employees shall hold their offices or positions at the pleasure of the boards." (Emphasis supplied.)2 Also, the hospital by-laws explicitly state: “The Board of Directors may appoint an Administrator for any hospital to be operated by the District, and such Administrator shall serve at the pleasure of the Board.”

Plaintiff asserts that she had a constitutionally protected “property” interest in her continued employment as Administrator of the Redbud Community Hospital. Property interests, however, “are not created by the Constitution. Rather, they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law — rules or understandings that secure certain benefits and that support claims of entitlement to those benefits.” Board of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 2709, 33 L.Ed.2d 548 (1972); see Bishop v. Wood, 426 U.S. 341, 96 S.Ct. 2074, 48 L.Ed.2d 684 (1976). Plaintiff has identified no California statute or rule to support her claim of entitlement to continued employment, nor has she identified any “mutually explicit understandings”, Perry v. Sindermann, 408 U.S. 593, 601, 92 S.Ct. 2694, 2699, 33 L.Ed.2d 570 (1972), to support such a claim.

The plaintiff also relies on the California common law right of “fair procedure,” as articulated most recently in Ezekial v. Winkley, 20 Cal.3d 267, 142 Cal.Rptr. 418, 572 P.2d 32 (1977), to supply the “rule” entitling her to claim a legitimate expectation of continued employment. That doctrine has its origin in the decision of James v. Marinship, 25 Cal.2d 721, 155 P.2d 329

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Heath v. Redbud Hospital District
620 F.2d 207 (Ninth Circuit, 1980)

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620 F.2d 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heath-v-redbud-hospital-district-ca9-1980.