Professional Documents
Culture Documents
No. 94-2024
Plaintiff, Appellant,
v.
Defendants, Appellees.
____________________
____________________
Before
____________________
Pre
___
____________________
STAHL, Circuit
Judge.
This appeal
arises from an
patients
against
alleging
the
staff
the
racially-motivated
privileges.1
patients'
Aroostook
claims,
The
holding
Medical
termination of
district
that
court
they
and
to respond
dismissal
court's
of the
order
("TAMC"),
Benjamin's
dismissed
lacked
standing
the
to
Center
that Benjamin's
to notices
patients' claims
dismissing
and modify
Benjamin's
I.
claims
We
affirm the
the district
so
that
it
I.
__
Background
Background
__________
On February
12,
1992, Benjamin,
for
staff
privileges
Benjamin's
granted
licenses
to
TAMC.
application, but
him
to practice
medicine
physician
a completed
TAMC
instead, on
"provisional
did
application
not
October
appointment."
in California,
of
approve
12, 1992,
Benjamin
had
Connecticut,
the
____________________
1.
In addition
to
TAMC, the
complaint designates
several
physicians as defendants.
opinion, we
-22
"Specialty of
Internal Medicine.
American Board of
staff
and
privileges
of
it
does
not
allow
physicians
without
Benjamin's
appointment,
TAMC
had
no
staff
At the time
African-American
Committee
recommended
provisional staff
1994, Benjamin
action pro se
___ __
through
that
privileges.
TAMC
terminate
Subsequently,
Benjamin
staff
February
11, 1994,
policies and
privileges
on
the district
on January
7,
discriminatory
Benjamin's
practices,
account of
had denied
his
court issued
race.
On
a scheduling
date
for
August
1994.
The
district court
amended
the
On March
4,
for
lack
of standing.
After
Benjamin and
the
patients
granted
patients
the
motion,
sufficiently alleged
finding
that
the
not
-33
had
On
withdraw,
April
citing
29, 1994,
irreconcilable differences
by replacement
Benjamin's counsel
with Benjamin.
the
sought to
se).
__
On May 31,
not obtained
new counsel.
On June
efforts
8, 1994,
TAMC filed
make
to complete discovery.
failed on
the merits.
On June
16,
of appearance on behalf
dismiss.
The
district
court granted
motions to
this motion,
giving
Benjamin and his new counsel until July 15, 1994, to respond.
On July 7, 1994,
was
hospitalized in
Washington, D.C.
nor consulted
1994,
a law
for
enlargement of time on
The
district court
objection
and
Chandler
of his
counsel.
moved for
On
an
July 15,
additional
denied
because
the time
clerk
At
it
the motion
was
in
improperly
light of
filed
TAMC's
by
an
-44
On
August
2,
enlargement
1994,
of
to practice
Chandler
time, which
the
filed
before the
another
district
court.
motion
court denied
for
by
endorsement.
On
August
17, 1994,
the
district
court held
Chandler
nor
Chandler's
neither
responded
Benjamin
appearance
made
to
appeared.
on
himself
Benjamin's
available
notices from
the
for
Noting
that,
behalf,
Chandler had
any
court,
since
proceedings
the district
nor
court
This appeal
followed.
II.
II.
___
Discussion
Discussion
__________
standing
to
assert
their
First, Benjamin's
claims against
TAMC.
Second,
should
excuse
his failure
to
make
himself available
and
At
oral
argument, counsel
for
the
patients and
-55
primarily
on 42 U.S.C.
they have
standing
their
minority
1981.2
because TAMC's
1981-protected
physician.
right to
TAMC,
The
actions interfered
contract with
however,
maintains
with
Benjamin, a
that
the
careful review,
we conclude
that, on
After
in
standing
falls
upon
the
party
seeking
to
invoke
the
_____
490,
114 (1st
Cir. 1992).
We
______
v. AVX Corp.,
_________
review de novo
__ ____
a district court's
____________________
2.
42 U.S.C.
every
and enforce
parties, give
and
State and
equal
property
Territory
contracts, to
evidence, and to
benefit
of
the same
as
sue, be
the full
all
laws
security of
is
enjoyed
to
and
persons
by
white
citizens . . . .
purposes
"make
and
of this
enforce
section, the
contracts"
includes
the
making,
modification,
and
contracts,
the
and
benefits,
termination
enjoyment
privileges,
conditions
of
performance,
of
terms
the
of
all
and
contractual
relationship.
-66
standing
determination,
employing
an
approach
that,
in
practice,
at 114.
12(b)(6).
as true all
to "accept
construe the
complaint in
favor of the
complaining party."
Warth, 422 U.S. at 501; see also Adams v. Watson 10 F.3d 915,
_____
___ ____ _____
______
"Standing
is
specific person is
matter to
the Court
both
422
party to
for adjudication."
2.3,
at 48
constitutional
jurisdiction and
Warth,
_____
determination
the proper
Federal Jurisdiction
_____________________
involves
the
U.S.
prudential
at 498;
particular
Erwin Chemerinsky,
(1989).
limitations on
also
____
whether
bring a
limitations on
see
___
of
The
"inquiry
federal-court
its
exercise."
v.
limitations
derive from
provides, inter
_____
disputes
Corp.,
_____
this
alia,
____
involving
the
that
only
language of
federal
"Cases" or
Article III
courts
shall
that
resolve
"Controversies."
The Supreme
general constitutional
The constitutional
AVX
___
proscription
as setting
forth
(1)
injury-in-fact --
an
invasion of
legally-protected
-77
v. Welch, No.
_____
Lujan v.
_____
1995).
Several
standing
prudential
determinations.
considerations
These
also
considerations,
infuse
which
militate
against standing,
litigant (1)
asserts
falling
outside
specific law
the
principally concern
the rights
and interests
whether the
of a
zone
of interests
third
arguably
protected
by
the
abstract questions of
branches.
the federal
Consideration of these
judiciary "to
avoid
courts to
claim."
1991).
For purposes
whether the
of standing,
of this
rather we
appeal, we need
-88
not resolve
the patients'
allegedly
infringed-upon
previously
found to
rights fall
be protected
outside what
by
1981,
we have
the patients
than their
own.
satisfied the
minimum requirements
rather
for an exception
to the
reasons
Whether
opposed
is often
a party
is asserting
its own
rights, as
difficult question.
See generally,
___ _________
Henry
P.
Though
the patients
claim
we believe
assertion
a direct
infringement of
their
their claim is
more accurately
of Benjamin's third-party
described as
an
right to a race-neutral
review process.
Primarily,
rights
fall
the patients'
outside
what
we,
allegedly infringed-upon
and
other
courts,
have
1981.3
Most
____________________
3.
Although
standing in
no way
depends on
plaintiff's contention
(1968),
source
the
plaintiff's
assumes critical
claim
to
relief
-99
cases
brought
discriminatory
pursuant to
conduct
plaintiff's race.
1981
prompted
by
involve allegations
hostility
of
towards the
889 F.2d
courts
13, 17
have
challenges
(1st
allowed
(1975).
in
which
action
See,
___
601 F.2d
9,
Lear-Siegler, Inc.,
__________________
where
plaintiff
motivated by
animosity
13-14 (1st
Cir.), modified
________
however,
Cir.
v.
1979);
1268-70 (6th
511 F.2d
on other grounds,
__ _____ _______
520 F.2d
306,
409
the
plaintiff
was
the
example,
Occasionally,
to proceed
person's race.
311-12 (2d
cases
a discriminatory
towards another
Winston v.
_______
Cir. 1989).
a water
district acted
direct
In
target
of
the
Des
Vergnes,
_____________
for
directly against
the non-
minority developer
include
a tract
by
of
refusing the
land proposed
12.
Consequently, we
developer's request
for low-income
from
Art.
requirements,
III's
Essentially,
minimum
public disputes.
standing
question
in
properly
granting
can
person
be
in
understood
the
-1010
as
plaintiff's
11-
non-minority developer
____________________
apart
minority
to
1981 even
discriminatory
towards
involve a
Id. at
___
discriminatory
14.
was
Other
motivated
district's
alleged
of the developer.
action
by animosity
cases most
employment action
(e.g.,
____
typically
firing)
minorities.
F.2d 111,
1989)
(white
lawyer
newspaper that
had
standing
under
(10th Cir.
1981
to
sue
about him
Here, the
patients
challenge an
action
by
TAMC
specifically
patients.
derivative
targeted
at, or
The patients'
effect of
taken
directly against,
alleged injury
TAMC's administration
arises only
of its
the
as a
general
policies governing
privileges.
Cf.
___
the grant
Department of Labor
___________________
a litigant
________
U.S.
"enforcement of a
prevents a third
-1111
physician staff
v. Triplett, 494
________
restriction against
entering into
and review of
party from
litigant (typically a
contractual
relationship), to
which the
third party
has a
84
Colum.
between
L. Rev.
direct
interact as a
case
is
and
at
306-11
indirect
(discussing the
interference
limit on standing).
TAMC's
alleged
with
distinction
right
to
discriminatory
revocation
of
action
completely precluded
them from
receiving treatment.
specialty,
and the
patients
do not
allege
that TAMC
has
fact
that
Benjamin
TAMC's revocation
preclude
him
facilities.
occurs,
if at
of
cannot
treat
the
patients
at
TAMC
Benjamin's staff
from treating
the
Accordingly,
because
all, only
as a
privileges does
patients
the
outside of
patients'
derivative effect
not
TAMC
injury
of TAMC's
their
claims under
third-party
rights,
1981, they
and
not
their
F.2d 419,
(insurance
agent challenging
asserting
third-party rights
are asserting
own.
See
___
421-22 (4th
insurer's redlining
of homeowners);
Benjamin's
Mackey v.
______
Cir. 1984)
policy is
Capital Nat'l
_____________
-1212
Bank of N.Y. v.
______________
(S.D.N.Y.
asserts
McDonald's Corp.,
________________
only third-party
rights
of franchisee's contract).
625
F. Supp.
874, 882
to minority franchisee
of minority
franchisee in
discriminatory termination
While
the
general
proscription
on
third-party
400, 410
that
party
an individual seeking to
must,
criteria:
as
prerequisite,
"The litigant
must
satisfy
have suffered
of a third
three
specific
an 'injury
in
third
to the
see
___
F.2d 25, 37-39 (1st Cir.), cert. denied, 498 U.S. 959 (1990).
_____ ______
the
third.
No hindrance exists
in this case
to establish the
third
party, Benjamin,
order
barrier
or
practical
unidentifiable,
lacks
satisfy
obstacle
(e.g.,
____
sufficient interest,
-1313
own rights.
third
or
party
In
is
will suffer
some
sanction)
asserting
prevents
or
deters the
interest.
See,
___
third
party
from
Cir. 1991)
(no barriers
third parties
(threat of
clearly
official sanction)
identified
and
has
Here,
sufficient
interest
in
is
the
fact,
has pursued)
the action.
Accordingly,
the patients
Furthermore,
the
our holding,
that Benjamin,
TAMC,
is
consistent
with
the
policies
underlying
v.
and not
third-party
standing may
justifications are
the
See Singleton
___ _________
be
absent").
avoided where
Indeed, one of
the "underlying
the principal
of the rights at
issue."
v. Carolina Envtl.
______________
_______________
Study Group, Inc., 438 U.S. 59, 80 (1978); see also Secretary
_________________
___ ____ _________
of State
________
(rule
against third-party
essential
to
litigation
standing
guarantees that
will
"concrete
-1414
be
and
issues
sharply
presented").
largely on
Here,
because the
merits of
an evaluation of Benjamin's
the action
turn
performance at TAMC,
he, and not the patients, is clearly the best party to assert
the claim.
TAMC's
assertion
of
addition,
he would
specific
instances
suggest a
clear
professional
likely
of
discriminatory
particulars
of
be far
incompetence,
more
able to
conduct attributable
motive.
to
Indeed, it
Benjamin's relationship
but,
in
point
to
TAMC
that
is far
from
with
the hospital,
To
outside what
summarize, because
the
patients' claims
fall
previously found to
be
protected by
third-party
1981,
rights
of
Furthermore, because
requisites
for
we believe the
Benjamin
the patients
third-party
and
not
their
standing,
we
own.
the minimum
hold
that
the
B. Benjamin's Claims
_____________________
granting TAMC's
maintains
the
that
essentially
action
because
by not
appearing
at
district
his
responding
the
August
court
counsel
granted
failed
to TAMC's
17
prejudice.
motion
to prosecute
motion
hearing.
the
Benjamin
to dismiss
Benjamin
the
or
argues,
-1515
in light of
his
We treat
pursuant
to Rule 41(b).4
____________________
We
review
dismissal as issued
4.
to comply
with
order of court, a
dismissal
these rules
of an
action or of
the defendant.
in
order
specifies,
for
dismissal
dismissal
provided for
in this rule,
improper
party
lack of
otherwise
under
and
for
any
any claim
subdivision
dismissal
any
against
its
or
this
dismissal
not
other than a
jurisdiction for
under
Rule
19,
operates
as
an
TAMC
contends that
the
timely written
response to a
district court
dismissed
waive any
The
respond constituted
waiver of
any
Benjamin's failure
objection to
the
motion.
plaintiff,
through
available
for any
counsel,
since the
responded to
notices from
plaintiff's
apparent that
the court's
appear
this
Benjamin
at the hearing or
counsel) of
make
himself
the appearance
actions
We think
at
to
of Mr.
prejudice."
displeasure
failed
proceedings since
Chandler and
Dismiss
has
their expected
is
rather
hereby
has not
Motion to
GRANTED
_______
terse statement
failure
from its
either to
Benjamin and
-1616
makes
motion to dismiss.
with
TAMC's
283, 284
Inc.
____
(1st
Cir. 1993);
Claims
typically
Damiani
_______
of
have "not
abuse
848 F.2d
Id.
___
a sympathetic
(1st Cir.
Rule
ear from
41(b)
us."
12, 17
(1st Cir.
"does not
rubber-stamped the
704 F.2d
decisions of
the district
1971),
315, 317
discretion under
we have
court."
of
received
mean
1988).
disposition
of cases
result,
we have
egregious
on the
merits."
indicated
that such
Zavala Santiago
_______________
an
option should
a plaintiff's misconduct is
or extreme.
See,
___
the cases in
which we
have upheld a
prosecution,
we
found
ignorance
aggravating
of
either
extremely
in years), disobedience of
warnings, contumacious
circumstance").
be
particularly
inaction (measured
As a
have
v.
In
all
of
protracted
court orders,
conduct or
some other
actions, we engage in
appropriate
Figueroa
________
-1717
Ruiz
____
Attorney
Chandler's
responding to
would
have
illness
prevented
significantly
suggested that,
time, a
sudden
in
more
deciding a
him
from
Benjamin's argument
bite.
Indeed,
motion for
we
an extension
have
of
may,
in a certain
case, constitute an
abuse of discretion.
(1st
23 F.3d 576,
584
not advert
to "circumstances beyond a
as
an attorney's
illness"); cf.
___
Murdock Mach. & Eng'g Co., 423 F.2d 842, 844 (5th Cir. 1970).
_________________________
notify the
court
expected absence.
(4th Cir.
to
Rule
judgment
Chandler's
and opposing
See
___
counsel
41(b) where
counsel
did
appear occurred
-1818
of
his
33, 34-35
to dismiss pursuant
not respond
failure to
in advance
or to
to
summary
on motion).
Moreover,
after the
court had
already
extended
the time
to respond
to TAMC's
motion to
Cf. 9
___
Charles A.
Procedure
_________
On
the other
hand, though
Chandler's failure
to
his
conduct
dispute
becomes
that Chandler,
seriously ill.
court
through
somewhat
who lives
Indeed,
and opposing
mitigated.
TAMC
in Washington,
counsel of the
does
severity of
not
D.C., was
the district
his illness
and August 2.
prognosis of
[Chandler]
[Chandler's]
primary care
physician
is
that
after mid-August."
court and TAMC at least some notice that he might not be able
to
attend the
August 17
hearing.
Moreover,
the district
court
Chandler
filed the
Finally,
the
second motion
litigation,
at
for enlargement
the
-1919
time
of
the
of time.
court's
in
the face
of counsel's
appreciate the
Furthermore,
sanctions,
we
dismissal
[with
Velazquez-Rivera v.
________________
1079
(1st Cir.
court's
use
prejudice was
we
believe that,
of
the
While
this
ultimate sanction
use of
stiff
where
1990).
in
the
prejudice],
punishment,
we fully
"wholeheartedly endorse
including
1072,
appear, and
appropriate."
F.2d
failure to
we agree
that
case, the
of
district
dismissal
with
See 9
___
2373,
at
402
("The
prejudice
decision
of
the trial
court
to
dismiss
with
III.
III.
____
Conclusion
Conclusion
__________
For the
-2020