(DOWNLOAD) "Community Medical Center v. Emergency Medical Services of Northeastern Pennsylvania Inc." by United States Court of Appeals for the Third Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Community Medical Center v. Emergency Medical Services of Northeastern Pennsylvania Inc.
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 15, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
Community Medical Center (CMC) appeals from the grant of a motion in favor of Emergency Medical Services of Northeastern Pennsylvania (EMSNP), dismissing a complaint for lack of subject matter jurisdiction. CMCs claim is based on alleged deprivations of its due process and equal protection rights under the Fifth and Fourteenth Amendments in violation of 42 U.S.C. § 1983 and 42 U.S.C. § 1985. After an evidentiary hearing, the district court held that CMC had failed to demonstrate the requisite state or federal involvement in the process by which EMSNP designated the Scranton area resource hospital so as to establish a claim under 42 U.S.C. § 1983. It also ruled that because the complaint did not allege any class-based, invidiously discriminatory animus, the plaintiff had not stated a cause of action under 42 U.S.C. § 1985. Accordingly, the district court concluded that it lacked subject matter jurisdiction. We affirm.
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