Maynard v. Bonta
Opinion of the Court
MEMORANDUM
Walter Maynard is a doctor who provides medical services to individuals covered under Medi-Cal, California’s state Medicaid program. After he was suspended from providing Medi-Cal services and had payment for services withheld for
“To sustain an action under section 1983, a plaintiff must show (1) that the conduct complained of was committed by a person acting under color of state law; and (2) that the conduct deprived the plaintiff of a federal constitutional or statutory right.”
With respect to the two remaining, non-supervisory appellees — Bertrand and Nieto-Gomez — appellant must adduce facts sufficient to show that appellees acted with “a reckless or callous indifference to the rights of others.” Id. Negligence alone is not enough to establish liability under § 1983. Daniels v. Williams, 474 U.S. 327, 328, 106 S.Ct. 662, 88 L.Ed.2d 662 (1986). Additionally, appellant must show that appellees’ acts were a proximate cause of his alleged constitutional injury. See Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg’l Planning, 216 F.3d 764, 783 (9th Cir. 2000). Thus, appellant’s constitutional injury, if any, must be a reasonably foreseeable consequence of appellees’ actions. See id.; Arnold v. Int’l Bus. Machines Corp., 637 F.2d 1350, 1355 (9th Cir. 1981). In the instant case, appellant has failed to adduce any facts — by affidavit or otherwise — that suggest reckless or callously indifferent conduct by appellees, even drawing all reasonable inferences supported by the evidence in favor of appellant. Similarly, appellant has failed to demonstrate that his injuries, if any, were a reasonably foreseeable consequence of appellees’ actions. Thus, the decision of the district court is:
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. Appellees do not contest the fact that they were operating under the color of state law.
Reference
- Full Case Name
- Walter P. MAYNARD, M.D., Plaintiff—Appellant v. Diana M. BONTA, individually and as R.N., Dr. Ph.D., Director of the California Department of Health Services J. Alan Cates, individually and as Chief of the Medi-Cal Fraud Prevention Bureau of the California Department of Health Services Maureen Bertrand, individually and as an employee of the Medical Review Branch of the Audits and Investigations Division of the California Department Health Services Anna Nieto Gomez, individually and as Section Chief of the Medical Review Branch (Santa Ana), California Department of Health Services, Defendants—Appellees Walter P. Maynard, M.D., Plaintiff—Appellee v. Diana M. Bonta, individually and as R.N., Dr. Ph.D., Director of the California Department of Health Services J. Alan Cates, individually and as Chief of the Medi-Cal Fraud Prevention Bureau of the California Department of Health Services Maureen Bertrand, individually and as an employee of the Medical Review Branch of the Audits and Investigations Division of the California Department Health Services Anna Nieto Gomez, individually and as Section Chief of the Medical Review Branch (Santa Ana), California Department of Health Services, Defendants—Appellants
- Status
- Published