Duran v. MTP

• Decision Date: 24 February 2000
• Docket Number: No. 19671.,19671.
• Citation: 996 P.2d 922,128 N.M. 659
• Parties: Harry DURAN, Ph.D., M.D., Plaintiff-Appellant. v. The NEW MEXICO MONITORED TREATMENT PROGRAM and Gilles Marchal, Defendants-Appellees.
• Court: Court of Appeals of New Mexico

996 P.2d 922

128 N.M. 659

Harry DURAN, Ph.D., M.D., Plaintiff-Appellant. v. The NEW MEXICO MONITORED TREATMENT PROGRAM and Gilles Marchal, Defendants-Appellees.

No. 19671.

Court of Appeals of New Mexico.

February 24, 2000.

Steven K. Sanders, Law Offices of Steven K. Sanders, Albuquerque, for Appellant.

Andrew G. Schultz, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for Appellee New Mexico Monitored Treatment Program.

Carl J. Butkus, Butkus & Reimer, P.C., Albuquerque, for Appellee Gilles Marchal.

OPINION

PICKARD, Chief Judge.

{1} Harry Duran (Duran) filed suit against the New Mexico Monitored Treatment Program, Gilles Marchal (Marchal), and several other parties who are not subject to this appeal after he was fired from his position as chief resident in the University of New Mexico School of Medicine's (Medical School) division of neurosurgery. Duran had been chief resident in the neurosurgery division for approximately one year, when another neurosurgery resident told Duran's supervisor that Duran was addicted to alcohol. Duran's supervisor ordered Duran to seek substance-abuse counseling as a result of this accusation. Duran did so, signing an agreement to attend an addiction recovery clinic called the New Mexico Monitored Treatment Program (Program or MTP). Marchal, who is a counselor and an administrator for the Program, monitored Duran's compliance with the Program's requirements as set forth in the agreement. Duran complied with the agreement for a brief time, but then his level of compliance dropped significantly. The University of New Mexico Hospital (Hospital) fired Duran, in part, because of his failure to fully comply with the agreement.

{2} Duran believed the Hospital did not have cause to fire him from his position as chief resident in the neurosurgery division, so he filed suit. In his complaint, Duran set forth four specific causes of action against the Program and Marchal: (1) conspiracy with public employees to violate his right to due process, (2) violation of his right of freedom of religion, (3) violation of his right of freedom from unreasonable search and seizure and right of privacy, and (4) interference in his contractual relationship with the Hospital. The trial court dismissed Duran's first three causes of action for failure to state a claim on the ground that the Program and Marchal are not state actors and, therefore, cannot be held liable for civil rights violations under the statutory and constitutional provisions set forth in Duran's complaint. The trial court dismissed Duran's fourth cause of action on summary judgment apparently on the ground that he consented to the Program and Marchal's disclosure of what otherwise would have been confidential information.

{3} On appeal. Duran claims the trial court should not have dismissed his first three causes of action because the Program and Marchal assumed the role of state actors by jointly participating with the Hospital's employees to deprive him of his constitutional rights and by accepting state-delegated authority to determine whether he would retain his job at the Hospital. Duran claims the trial court should not have dismissed his fourth cause of action because he revoked the agreement, along with its consent releases, before Marchal disclosed privileged information to the Hospital. We reject Duran's arguments and, for the reasons stated below, we affirm.

BACKGROUND

{4} In June 1994, the Regents of the University of New Mexico hired Duran as chief resident in the Medical School's division of neurosurgery. Duran entered into an employment contract with the Hospital, the term of which was to run from July 1, 1994, to June 30, 1995 (1994 Contract). The Hospital is operated by the Regents.

{5} Doctor Benzel acted as Duran's direct supervisor throughout the course of his residency at the Medical School. As chief of the Medical School's neurosurgery division, Benzel had the power and authority to recommend the hiring and firing of Duran, subject to concurrence by Dr. Hansbarger. Hansbarger, who was then the associate dean for graduate medical education at the Medical School, had the ultimate power and authority to hire and fire Duran.

{6} In early January 1995, another resident in the neurosurgery division told Benzel that he believed Duran had a substance-abuse problem. As a result of this accusation, Benzel ordered Duran to seek counseling with Dr. Brashar at Lovelace Park Center. Benzel told Duran he could not resume his clinical duties until Brashar determined that he was in a condition to do so.

{7} In an effort to comply with Benzel's orders. Duran reported to Brashar, who determined that Duran was chemically dependent. Brashar told Duran he could clear his reputation by participating in the Program on a voluntary basis. The Program is an addiction recovery clinic. The Program is a private, non-profit corporation existing under the laws of the State of New Mexico. Duran wanted to clear his reputation, so he agreed to voluntarily participate in the Program.

{8} In late January 1995, Duran met with Marchal, who was a counselor and administrator for the Program. At the meeting, Marchal informed Duran that he could sign a voluntary contract to participate in the Program because the New Mexico State Board of Medical Examiners had not mandated Duran's participation in the Program. By participating in the Program on a voluntary basis, Duran could withdraw from the Program at any time.

{9} On the date of the meeting, Duran signed a voluntary agreement (Agreement) to participate in the Program. The Agreement stated in relevant part:

Informing Key People in My Life of My History of Alcoholism and/or Chemical Dependency.

* * *

7. I agree to inform any doctor with whom I have any formal practice association of my history of alcoholism and/or chemical dependency and of the conditions of this Agreement. By the release set out below, I give this/these person/people permission to contact the MTP if there is ever any concern about my using alcohol or drugs, or about my behavior, and give permission for the MTP staff to contact this/these doctor(s), represented by Dept. of Neurosurgery.

* * *

MTP Requirements.

11. I agree to attend the weekly meeting of the MTP in my region. I understand that regular attendance is required.

* * *

15. I understand that the MTP shall notify each of the people set out in paragraphs 24 and 26 below that I have authorized information to be released to them and shall notify them again if my consent to release information is revoked or otherwise limited.

* * *

CONSENT TO RELEASE OF INFORMATION

22. Federal Law. I acknowledge that I have been given a copy of the notice entitled Confidentiality of Alcohol & Drug Abuse Patient Records, that I have read this notice and that I understand its contents. I have been given an opportunity to ask questions about this notice. I understand that I may ask further questions about this notice and the federal law which governs the confidentiality of alcohol and drug abuse patient records and that MTP will answer my questions at any time.

* * *

24. Release to and from Key People in My Life. I further authorize the MTP to release information from my MTP records to the following people and authorize these listed people to release information to the MTP:

My personal physician: Dr. Brash[a]r

Doctors with whom I associate: Dr. Marchand & Benz[el].

* * *

28. Contract Term. .... IN THE EVENT I REVOKE MY CONSENT(S) SET FORTH IN PARAGRAPHS 24 AND 26 ABOVE, OR OTHERWISE LIMIT THE MTP'S RIGHT TO DISCLOSE INFORMATION TO THE PEOPLE IDENTIFIED IN THOSE PARAGRAPHS, THE MTP SHALL NOTIFY THOSE PEOPLE THAT I HAVE REVOKED MY CONSENT(S).

{10} Duran complied with the terms of the Agreement for a month or so, but then his level of compliance dropped significantly. In particular, Duran attended Program meetings on January 31, 1995, and February, 7, 14, and 21, 1995, but missed Program meetings on February 28 and March 7, 1995. Duran also missed an appointment with Brashar on March 6, 1995. Duran informed Marchal and Benzel that he refused to attend the meetings because he does not subscribe to theistic religion or spiritual beliefs and he objected to the highly religious content present in both the Program meetings and the Alcoholics Anonymous meetings. Marchal and Benzel dismissed Duran's objections as evidence of his denial of addiction.

{11} In February 1995, Dr. Anson, a faculty member at the Medical School, told Benzel that he considered Duran's behavior to be both irresponsible and erratic. Duran's behavior caused Anson to question Duran's surgical abilities and trustworthiness. As a result of his concerns, Anson informed Benzel that he did not want Duran to participate in his elective cases.

{12} In March 1995, Duran and Marchal discussed Duran's failure to comply with the terms of the Agreement. In the course of their discussion, Marchal became confrontational and told Duran that he had to attend the Program meetings. Duran refused to heed Marchal's demand, telling Marchal that he was terminating the voluntary contract.

{13} After the discussion, Marchal informed Benzel that Duran had terminated his voluntary agreement to attend the Program. Benzel then contacted Duran and told him that his failure to attend the Program "was unacceptable and demanded that [Duran] contact Marchal to continue the meetings." Duran honored Benzel's demand and contacted Marchal.

{14} In response to Duran's telephone call, Marchal set up a mid-March meeting with Duran, Benzel, and several other members of the Medical School's faculty. At the meeting, Duran's perceived substance-abuse problems were addressed. A treatment plan was formulated to address Duran's problems. On March 17, 1995, Marchal mailed a letter to Benzel summarizing the treatment plan formulated at the meeting. Marchal noted in the letter that:

ANY POSITIVE URINE SCREEN OR ABSENCE AT MTP OR LOVELACE WILL BE

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