Chowdhury v. Reading Hospital and Medical Center, Civ. A. No. 81-1762.
Citation | 520 F. Supp. 134 |
Decision Date | 11 August 1981 |
Docket Number | Civ. A. No. 81-1762. |
Parties | A. Rab CHOWDHURY, M.D. v. The READING HOSPITAL AND MEDICAL CENTER. |
Court | U.S. District Court — Eastern District of Pennsylvania |
Malcolm H. Waldron, Jr., Philadelphia, Pa., for plaintiff.
David H. Roland, Reading, Pa., for defendant.
42 U.S.C. § 2000d. Plaintiff, a gastroenterologist, asserts that defendant, which receives federal financial assistance, denied him courtesy staff privileges on the basis of his race and seeks an injunction ordering defendant to do so. Defendant, moving to dismiss, contends that plaintiff failed to exhaust administrative remedies. Plaintiff responds that the Act does not provide him with any administrative remedy, and if it does, injunctive relief cannot be obtained therein.
Martin v. Easton Publishing Co., 478 F.Supp. 796 (E.D.Pa.1979). See also 45 C.F.R. § 80.7 through 80.10 (administrative procedure). Section 602 of Title VI, 42 U.S.C. § 2000d-1, authorizes three types of actions to secure compliance, one of which, voluntary means, can include the relief which plaintiff seeks. See Caulfield v. Board of Education of New York City, 583 F.2d 605 (2d Cir. 1978). Plaintiff's failure to seek...
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Chowdhury v. Reading Hospital and Medical Center
...1964, 42 U.S.C. § 2000d et seq. (1976) (Title VI), for failure to exhaust his administrative remedies. Chowdhury v. Reading Hospital and Medical Center, 520 F.Supp. 134 (E.D.Pa.1981). The crucial operative language in the district court's opinion is: "Plaintiff's failure to seek administrat......
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Gordon v. Lancaster Osteopathic Hosp. Ass'n, Inc.
...due process protection. 8 Instead, appellant chose voluntarily to terminate his employment with LOH. See Chowdhury v. Reading Hospital and Medical Center, 520 F.Supp. 134 (E.D.Pa.1981), rev'd on other grounds, 677 F.2d 317 (3d Appellant next alleges that the lower court erred in dismissing ......
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Long v. Kistler
...Cir. 1972), cert. denied, 411 U.S. 967, 93 S.Ct. 2150, 36 L.Ed.2d 688 (1973) (requiring exhaustion). Cf. Chowdhury v. Reading Hospital & Medical Center, 520 F.Supp. 134 (E.D.Pa.1981) (requiring exhaustion in Title VI action), Wolf v. National Shopmen Pension Fund, 512 F.Supp. 1182 (E.D.Pa.1......
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