Young v. Arkansas Children's Hosp., LR-C-89-305.
Decision Date | 29 September 1989 |
Docket Number | No. LR-C-89-305.,LR-C-89-305. |
Citation | 721 F. Supp. 197 |
Parties | Bobby YOUNG, Father and Elizabeth Young, Mother of Candy Young, Minor Child D.O.B. 6-5-85, Plaintiffs, v. ARKANSAS CHILDREN'S HOSPITAL, Defendant. |
Court | U.S. District Court — Eastern District of Arkansas |
Bobby Young, Marshall, Ark., pro se.
Laura A. Hensley, Friday, Eldridge & Clark, Little Rock, Ark., for defendant.
On May 15, 1989, the defendant filed a Motion to Dismiss the Complaint, alleging that 42 U.S.C. § 1983 is not applicable to the defendant. On June 14, 1989 the defendant filed a Motion to Dismiss Addendum to Complaint. On July 5, 1989 the defendant filed another Motion to Dismiss for failure to state a claim upon which relief can be granted, and filed exhibits in support of the motion. On July 17, 1989 the plaintiff filed a pleading in response to the motion to dismiss. On August 8, 1989 the Court entered an Order stating that the motion to dismiss filed on July 5, 1989 would be treated as a motion for summary judgment. The plaintiff filed subsequent pleadings, and the defendant filed additional affidavits. The Court finds that the matters pending are now ripe for determination.
The Court has reviewed the pleadings in this matter and finds that summary judgment should be granted. This case was brought by Arkansas residents against an Arkansas private hospital with jurisdiction alleged to be pursuant to 42 U.S.C. § 1983.
Subsequent to the filing of the first motion to dismiss, the plaintiff filed an "Addendum to Complaint". In the "Addendum" the plaintiff states in relevant part;
The allegations in the complaint relate to the fact that employees of Arkansas Children's Hospital held the plaintiffs' child for treatment against plaintiffs' wishes, and were subpoenaed to testify in a criminal trial against the plaintiffs herein. It appears that the plaintiffs felt that their minor child should not have been a patient in Arkansas Children's Hospital for the time period involved. Even if this allegation were true, the plaintiffs' claim does not state a cause of action under 42 U.S.C. § 1983 against the defendant. As stated by the defendant, 42 U.S.C. § 1983 applies to "persons" who "under color of any statute, ordinance, regulation, custom or usage of any state" causes citizens to be deprived of their constitutional rights. Arkansas Children's Hospital is not a "person" to which this Act applies. Henry v. Link, 408 F.Supp. 1204, amended 417 F.Supp. 360 (D.C.N.D.1976).
Furthermore, the mere furnishing of information by a private party to a law enforcement official, even if the information is false, is not sufficient to constitute joint activity with State officials in prohibited action or to state a claim against a private party under § 1983. Mark v. Furay, 769 F.2d 1266, 1273 (7th Cir.1985). Nor is merely testifying at trial sufficient to state a § 1983 claim. Briscoe v. Lahue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983). In a recent case, the Eighth Circuit stated that in a section 1983 action against a private party, a plaintiff will be entitled to relief "if he can prove that the private party was `a willful participant in joint activity with the State or its agents' which activity deprived the plaintiff of a constitutional right." Murray v. Wal-Mart, Inc., 874 F.2d 555 (8th Cir.1989). The plaintiff has failed to present the Court with anything from which the Court could conclude that the defendant was a willful participant in joint activity with the State or its agents which activity deprived the plaintiff of a constitutional right. In fact, the plaintiffs were deprived custody of Candy for seven days in order to fully and completely evaluate her condition and the injuries, and during this period of time the hospital was acting as required by court order and A.C.A. § 12-12-501 et seq.
In the case sub judice, Candy Young was admitted to the Arkansas Children's Hospital on December 15, 1986. According to the discharge summary, she sustained a burn to her left upper extremity when she placed her arm in a pot of hot water which had been heated on the stove and then placed on the floor for the purpose of washing dishes. The child apparently dropped some article in the pot and then tried to retrieve it, thus burning her arm. She was taken immediately to her local physician in Marshall, Arkansas, by her parents, who subsequently referred her to Arkansas Children's Hospital. According to the summary, on admission, Candy was a thin, chronically ill appearing white female in moderate distress from her arm pain. The child was admitted with a diagnosis of eight percent body surface area burn to her left arm. The discharge summary continues as follows:
The patient remained in the hospital until December 18, 1986 when she was taken from the burn unit by her parents. As indicated in the discharge summary, the discharge was against medical advice because of the serious nature of the injuries. On December 23, 1986 an emergency order was entered by the Searcy County, Arkansas Juvenile Court, placing Candy Young in the temporary custody of the Arkansas Department of Human Services. However, before the child could be physically placed in the custody of said Agency, the child was removed by the father from Arkansas Children's Hospital. The child was returned to Arkansas Children's Hospital by the family on March 13, 1987 for examination or evaluation, and the hospital placed a medical hold on said child on the basis of the December 23, 1986 Juvenile Court Order. In an Order entered on March 14, 1987, the Probate Court of Searcy County Arkansas, Juvenile Division authorized the child to be placed in the temporary custody of the Arkansas Department of Human Services pending further hearing or order of the Court and further medical...
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