Scheiner v. New York City Health & Hospital Corp.
Scheiner v. New York City Health & Hospital Corp.
Opinion of the Court
SUMMARY ORDER
Plaintiff-appellant Clifford J. Scheiner appeals from a decision of the United States District Court for the Southern District of New York (Samuel Conti, Judge, sitting by designation) dismissing before verdict, under Fed.R.Civ.P. 50(a), a procedural due process claim asserted by Scheiner against defendant-appellee New York City Health and Hospitals Corporation (“HHC”). We affirm. Familiarity with the facts and procedural history is assumed.
On appeal, Scheiner, who brought suit against HHC and several individuals affiliated therewith following termination of his employment at Kings County Hospital Center in Brooklyn, New York, argues that there was evidence from which the jury could have concluded that HHC’s policy or custom violated his procedural due process rights. See Monell v. Dep’t ofSoc. Servs., 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). Accordingly, in his view, the district court erred in granting judgment as a matter of law in favor of HHC on the due process claim. We conclude, however, that any error embodied in that ruling was harmless.
For the reasons set forth above, the judgment of the district court is hereby AFFIRMED.
Reference
- Full Case Name
- Clifford J. SCHEINER v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Reinaldo Austin, Theodore Bania, Bonny Baron, Gene Becker, Randall Bloomfield, Audrey-Phillips Caesar, Louis Camilien, Devitt Elverson, James Fine, Edward Fishkin, Ronald Hartnet, Charles Hyman, Andrew Karlin, Louis Kohl, Ronald B. Lowe, Luis R. Marcos, Richard T. Meehan, Jr., Pedro Penha, Venkatesalu Rajagopal, James Reilly, Philip Rice, Martin Salwen, Thomas Scalea, Steven Seligman Constance Shames, Richard Sinert, Ian Shivack and Arnold Strashun
- Status
- Published