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  • Kenneth Arnold Miller v. Memorial Mission Hospital, 829 F.2d 36, 4th Cir. (1987)

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    This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. Kenneth Arnold Miller appealed the district court's dismissal of his 42 U.S.C. § 1983 complaint against Memorial Mission Hospital for failure to state a claim. The Court of Appeals affirmed the district court's ruling, finding that to maintain a § 1983 action, the plaintiff must show the defendant acted under color of state law, which Miller did not establish Memorial Mission Hospital had done. Therefore, the appeal lacked merit.

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    Filed: 1987-09-02 Precedential Status: Non-Precedential Citations: 829 F.2d 36 Docket: 86-7409

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    This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. Kenneth Arnold Miller appealed the district court's dismissal of his 42 U.S.C. § 1983 complaint against Memorial Mission Hospital for failure to state a claim. The Court of Appeals affirmed the district court's ruling, finding that to maintain a § 1983 action, the plaintiff must show the defendant acted under color of state law, which Miller did not establish Memorial Mission Hospital had done. Therefore, the appeal lacked merit.

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    4 views2 pages

    Kenneth Arnold Miller v. Memorial Mission Hospital, 829 F.2d 36, 4th Cir. (1987)

    Uploaded by

    Scribd Government Docs
    This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. Kenneth Arnold Miller appealed the district court's dismissal of his 42 U.S.C. § 1983 complaint against Memorial Mission Hospital for failure to state a claim. The Court of Appeals affirmed the district court's ruling, finding that to maintain a § 1983 action, the plaintiff must show the defendant acted under color of state law, which Miller did not establish Memorial Mission Hospital had done. Therefore, the appeal lacked merit.

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    of 2

    829 F.

    2d 36
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Kenneth Arnold MILLER, Plaintiff-Appellant,
    v.
    MEMORIAL MISSION HOSPITAL, Defendant-Appellee.
    No. 86-7409

    United States Court of Appeals, Fourth Circuit.


    Submitted June 25, 1987.
    Decided September 2, 1987.

    Kenneth Arnold Miller, appellant pro se.


    Before WIDENER, K.K. HALL and WILKINS, Circuit Judges.
    PER CURIAM:

    Kenneth Arnold Miller appeals the district court order dismissing his 42 U.S.C.
    Sec. 1983 complaint for failure to state a claim upon which relief may be
    granted. Fed. R. Civ. P. 12(b)(6). We affirm.

    To maintain an action under 42 U.S.C. Sec. 1983, a plaintiff must establish that
    the defendant was acting under color of state law. As the district court held, the
    defendant in this case did not act under color of state law. This appeal,
    therefore, lacks merit.

    Because the dispositive issues have recently been decided authoritatively, we


    dispense with oral argument and affirm the judgment below.

    AFFIRMED.

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