Davis v. Jefferson Hosp. Ass'n
| Decision Date | 12 July 2012 |
| Docket Number | No. 10–3858.,10–3858. |
| Citation | 685 F.3d 675,115 Fair Empl.Prac.Cas. (BNA) 705 |
| Parties | Lee A. DAVIS, M.D., Appellant, v. JEFFERSON HOSPITAL ASSOCIATION, dba Jefferson Regional Medical Center; Robert P. Atkinson, CEO Jefferson Regional Medical Center; Lon Bitzer, M.D.; Shabbir Dharamsey, M.D.; Horace Green, M.D.; David Lupo, M.D.; Charles Mabry, M.D.; M. Bilal Malik, M.D.; Reid Pierce, M.D.; Ruston Pierce, M.D.; James Alan Pollard, M.D.; Ron Pritchard, M.D.; JoAnn Mays, Appellees. |
| Court | U.S. Court of Appeals — Eighth Circuit |
OPINION TEXT STARTS HERE
Lloyd W. Kitchens, III, argued, Little Rock, AR, Gene McKissic, Sr., Pine Bluff, AR, Caroline Curry Lewis, Little Rock, AR, on the brief, for appellant.
Byron Freeland, argued, Little Rock, AR, for appellees.
Byron Freeland, Jeffrey L. Spillyards, on the brief, Little Rock, AR, for appellees Jefferson Hospital Association; David Lupo, M.D.; James Pollard, M.D.; JoAnn Mays, M.D.; Lon Bitzer, M.D.; M. Bilal Malik, M.D.; Ron Pritchard, M.D.; and Ruston Pierce, M.D.
Laura H. Smith, on the brief, Little Rock, AR, for appellee Reid Pierce, M.D.
Walter Cox, on the brief, Fayetteville, AR, for appellee Horace Green, M.D.
Alan Harrel, on the brief, Texarkana, AR, for appellee Shabbir Dharamsey, M.D.
Ed Lother, William S. Jackson, Jane A. Kim, on the brief, Little Rock, AR, for appellee Robert P. Atkinson.
Overton S. Anderson, David A. Littleton, on the brief, Little Rock, AR, for appellee Charles Mabry, M.D.
Before BYE, SMITH, and COLLOTON, Circuit Judges.
Dr. Lee A. Davis filed this action against Jefferson Hospital Association, doing business as Jefferson Regional Medical Center (JRMC); JRMC Chief Executive Officer Robert P. Atkinson; and 12 physicians at JRMC (collectively, “the defendants”). In his amended complaint, Davis alleged, inter alia, race discrimination and retaliation, in violation of 42 U.S.C. § 1981 and the Arkansas Civil Rights Act (ACRA), and conspiracy to interfere with his civil rights, in violation of 42 U.S.C. § 1985(3). The district court 1 granted summary judgment to the defendants and dismissed all of Davis's claims. Davis appeals the dismissal of his § 1981, § 1985(3), and ACRA claims. We affirm.
Davis, an African–American cardiologist, obtained medical-staff privileges at JRMC in 2003. Article 2.1 of the JRMC Medical Staff Credentialing Policy provides:
General Qualifications—Medical staff appointment ... and clinical privileges are privileges extended by the hospital, and not a right of any individual. Continued exercise of any such status or privileges is contingent upon compliance with the Medical Staff Bylaws, this policy, and staff and hospital rules. Appointment to the staff and associated clinical privileges shall be extended only to professionally competent physicians and dentists who continuously meet the qualifications and requirements set forth in this policy, conform to the standards of patient care imposed by law and herein, and continuously demonstrate an ability to work harmoniously with others in the orderly rendering of quality patient care....
From 2004 to 2006, Davis was involved in several disputes with JRMC staff in which staff alleged that Davis made abusive, sexually offensive, profane, or derogatory remarks. In August 2004, Sherry Yeggy–Nail, a registered nurse, filed a written complaint against Davis for his use of “hostile and abusive language.” In November 2005, Morie Mehyou, an administrative employee at JRMC, reported that Davis called him an “idiot.” On January 25, 2006, at least seven hospital employees complained that Davis had lashed out at an entire floor of nurses with hostile and inappropriate language. A family member of a JRMC patient also filed a written complaint that Davis was “inappropriate” and “rude” to the nurses on the floor. Davis admitted that he used profanity with JRMC staff.
Several JRMC personnel also reported that Davis made threats or tried to intimidate them. In February 2006, Wendy Green, Lead Compliance Auditor at JRMC, reported that Davis said “he was going to make bad things happen” to another doctor at JRMC. The next month, Angela Bryant, an administrative assistant, expressed concern that Davis “ha[d] become paranoid and ha[d] gotten out of control with his behavior.” Also in March 2006, Manager of Admissions Brian Miller reflected on an encounter that he had with Davis, which he viewed as “an attempt to intimidate [Miller].” On April 3, 2006, Dr. Reid Pierce reported that Davis asked him how he was doing, to which he responded, “Fine.” Davis then said, “You won't be for long.”
On May 16, 2006, the JRMC Credentials Committee, which reviews medical staff privileges at JRMC, informed Davis that it would be investigating his conduct. The Invasive Procedures Committee also referred “quality of care issues” involving Davis to the Credentials Committee. Quality of care issues included “lack of response to nurse calls for patient care matters; inadequate response times to patients admitted to critical care units; assigning call response to his AHP nurse; poor documentation on patient records ...; [and] refusal to abide by the request of leadership to remedy poor charting.” “[T]he final result of that initial investigation was a corrective action [plan].” The plan directed Davis not to “use threatening or abusive language,” “use degrading or demeaning comments,” “use profanity or similarly offensive ... language,” “make inappropriate physical contact with another individual that is threatening or intimidating,” or “make derogatory comments about the quality of care being provided by the Hospital.” The plan also required timely and accurate maintenance of records, quick response to calls from medical staff, submission to random drug tests, and participation in an approved anger management course.
According to Dr. David Lupo, Credentials Committee Chairman, Davis “failed to comply” with the corrective action plan. On December 18, 2006, the Credentials Committee “voted unanimously to approve the suspension of clinical privileges for [Davis] for non-compliance with the Committee's requirement to select an approved Behavior/Conduct Course ... until such time that he fully comes into compliance.” JRMC's attorney met with the Credentials Committee three days later, and as a result of the meeting, the Committee “table[d] the suspension of clinical privileges for [Davis] until after the first of the year to allow ample time for research.”
Thereafter, other quality of care and behavioral issues surfaced. In March 2007, the Credentials Committee appointed a seven-member Ad Hoc Committee to investigate Davis for the second time. During the investigation, the Ad Hoc Committee considered a report by Dr. Charles Mabry, Medical Director of Quality at JRMC, regarding quality concerns surrounding Davis. The report concluded that “[by] any measure, Dr. Lee Davis's care of patients has been in an outlier status.” 2 The ad hoc committee also considered a peer review report, which indicated that from August 2006 to March 2007, the number of deficiencies in Davis's medical records were more than five times higher than the average of all other cardiologists at JRMC. JRMC had suspended Davis's privileges twice in 2004 for record delinquencies. A report of cardiac catheterization cases at JRMC indicated that, between 2004 and 2006, diagnostic-only catheterizations comprised a higher percentage of Davis's cardiology procedures than any other cardiologist. The Ad Hoc Committee did not render a judgment “regarding the area of utilization,” but noted “that the information provided to the committee was potentially significant and deserved to be reviewed in the peer review process or by outside experts.”
“Following a report to the Credentials Committee ... of the findings of the Ad Hoc Investigative Committee,” Davis received a cautionary, fourteen-day suspension. After further review of Davis's patient-death cases, four of which were found to be below the standard of care, the Credentials Committee “recommended that [Davis] have his privileges revoked.” Davis exercised his right to appeal the recommendation to a hearing panel consisting of five physicians. Following more than 13 separate hearings over the course of three months, the hearing panel voted unanimously to recommend revocation of Davis's privileges. Davis appealed again to a four-member review panel. The review panel voted unanimously to accept the recommendations of the Credentials Committee and the hearing panel. JRMC's 14–member Board of Directors then voted to revoke Davis's medical-staff privileges for poor quality of patient care, improper medical documentation, and unprofessional behavior.
Davis filed the instant suit in federal district court alleging, inter alia, race discrimination and retaliation, in violation of 42 U.S.C. § 1981 and the ACRA; and conspiracy to violate his civil rights, in violation of 42 U.S.C. § 1985(3).3 The final scheduling order instructed the parties to complete discovery no later than November 29, 2010. The defendants filed a series of summary judgment motions, ultimately reaching all of Davis's claims. Davis sought a continuance under then-applicable Federal Rule of Civil Procedure 56(f).4 The district court denied Davis's motion for a continuance and granted the defendants' motions for summary judgment.
On appeal, Davis argues that the district court erred by entering summary judgment in favor of the defendants on his race discrimination, retaliation, and conspiracy claims and by denying his request for a continuance.
Davis contends that the defendants are not entitled to summary judgment on his race discrimination, retaliation, and conspiracy claims. “We review de novo the district court's grant of summary judgment.” Davis v. KARK–TV, Inc., 421 F.3d 699, 703 (8th Cir.2005). “Summary judgment is appropriate if there is no genuine issue as to any...
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