696 F.2d 468 (6th Cir. 1983), 82-3201, Yashon v. Hunt

Docket Nº:82-3201.
Citation:696 F.2d 468
Party Name:David YASHON, M.D., Plaintiff-Appellant, v. William E. HUNT, M.D., et al., Defendants-Appellees.
Case Date:January 03, 1983
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 468

696 F.2d 468 (6th Cir. 1983)

David YASHON, M.D., Plaintiff-Appellant,

v.

William E. HUNT, M.D., et al., Defendants-Appellees.

No. 82-3201.

United States Court of Appeals, Sixth Circuit

January 3, 1983

        Argued Oct. 15, 1982.

        Rudolph Janata, Columbus, Ohio, for plaintiff-appellant.

        John Elam, Vorys, Sater, Seymour & Pease, Columbus, Ohio, for defendants-appellees.

        Before EDWARDS, Chief Judge, and CONTIE, Circuit Judge, and WEICK, Senior Circuit Judge.

        CONTIE, Circuit Judge.

        Dr. David Yashon appeals from a summary judgment entered by the district court in favor of Dr. William E. Hunt and forty-two other named defendants. Dr. Yashon brought this action under 42 U.S.C. Sec. 1983 to compel defendants to reinstate him to the attending medical staff at the Ohio State University Hospitals in Columbus, Ohio. For the reasons set forth below, we vacate the judgment and remand the case to the district court.

        Dr. Yashon is a duly licensed neurological surgeon, a tenured professor of surgery at the Ohio State University College of Medicine, and, from September 1969 to September 1981, was a member of the attending medical staff at the Ohio State University Hospitals. Although Dr. Yashon had been the subject of several disciplinary investigations instigated by defendant William Hunt, Chairman of the Division of Neurological Surgery, he had been reappointed annually to the attending medical staff. 1

Page 469

Prior to June, 1981, Dr. Yashon submitted his application for reappointment to the medical staff. On June 18, 1981, defendant Dr. Manuel Tzagournis, Dean of the Medical College, informed Dr. Yashon that Dr. Carey had refused to submit Yashon's name to the Medical Staff Administrative Committee (MSAC) and that, therefore, as of July 1, 1981, Dr. Yashon would no longer be a member of the medical staff. 2 Approximately one month later, on July 16, 1981, Dr. Yashon brought this civil rights action alleging that the procedure used by the defendants to deny his reappointment violated his fourteenth amendment due process rights. Dr. Yashon sought preliminary and permanent injunctive relief to compel the defendants to reinstate him to the medical staff. On July 17, 1981, the district court filed a consent order which reinstated Dr. Yashon until his request for a preliminary injunction was resolved.

        The district judge later conferred with counsel...

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