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Couch v. Board of Trustees of the Memorial Hospital of Carbon County

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Before TACHA, EBEL, and HARTZ, Circuit Judges.

Dr. Marvin Wayne Couch appeals from summary judgment entered in favor of defendants, Memorial Hospital of Carbon County (“MHCC”), a small rural hospital where he has staff privileges, the hospital’s chief administrator, and six of the ten other physicians who have privileges at MHCC. Dr. Couch brought this action, pursuant to 42 U.S.C. § 1983, to remedy an alleged deprivation of his First Amendment right of free speech caused by a “campaign of retaliation” he allegedly had to endure as a result of speaking out about substance abuse at MHCC. The district court concluded that Dr. Couch’s claims failed because he could not establish that the defendants actions would chill speech nor could he establish that the defendants’ actions were substantially motivated by his speech. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we AFFIRM for the reasons that follow.

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