Summary
This Memorandum and Order from the U.S. District Court for the District of Nebraska addresses Children's Hospital and Medical Center, Inc.'s motion to dismiss claims brought by Jacara Thompson under 42 U.S.C. §§ 1983 and 1981. The court granted the motion, concluding that the private hospital did not act under color of state law to trigger § 1983 liability and that the plaintiff had effectively abandoned her § 1981 contractual discrimination claim. The order notes that while the allegations may support traditional tort or statutory remedies, they do not establish federal civil rights liability against the hospital.
Topics
Practice areas
Questions Presented
- Whether Children’s Hospital is a state actor for purposes of 42 U.S.C. §1983
- Whether the plaintiff stated a plausible claim under 42 U.S.C. §1981
Holdings
- Children’s Hospital is not a state actor; the §1983 claims are dismissed.
- The plaintiff failed to allege a contractual relationship; the §1981 claim is dismissed.
Key quotations
“To survive a motion to dismiss under Fed. R. Civ. P. 12(b)(6), a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” (at 1)
“Children's Hospital was not a "state actor" for purposes of § 1983 when it lied about the plaintiff or called the police.” (at 1)
Factual background
Jacara Thompson, a Black mother, brought her six‑month‑old son J.T. to Children’s Hospital for severe malnutrition. Hospital staff repeatedly accused her of neglect, called police, and arrested her while she was nursing her child. After her arrest, the hospital retained custody of J.T. and later released him. Thompson alleges constitutional violations based on the hospital’s actions.
Procedural history
The plaintiff filed a civil rights complaint alleging violations of §1983 and §1981. Defendants filed a motion to dismiss. The district court considered the motion and issued an order granting the motion in whole.