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Jimenez v. Wellstar Health System

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[PUBLISH]

Before BLACK, WILSON and COX, Circuit Judges.

This case involves the allegedly discriminatory suspension of a physician’s medical staff privileges. Medical staff privileges allow a physician both to treat patients at the privilege-granting hospital and to receive patient referrals from that hospital. Appellees-physicians, administrators, and hospitals associated with WellStar Health System (WellStar)-suspended the medical staff privileges of Appellant, Dr. Omar F. Jimenez, an African-American physician with a specialty in neurosurgery. Jimenez believed the suspension was racially motivated and brought claims against the Appellees, individually and collectively, under state and federal law. The district court dismissed the federal claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and declined to exercise supplemental jurisdiction over the remaining state law claims. The questions before this Court are whether Jimenez’s allegations are sufficient to establish claims under 42 U.S.C. § 1981 for discrimination or retaliation, or under 42 U.S.C. § 1985(3) for conspiracy to interfere with his rights on the basis of race.

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