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POTEET v. ARKANSAS METHODIST HOSPITAL CORP.

No. 3:11-cv-189-DPM.

MARION JOE POTEET, Plaintiff, v. ARKANSAS METHODIST HOSPITAL CORP., d/b/a ARKANSAS METHODIST HOSPITAL; JOHN WILSON, M.D., individually and in his official capacity; DAN LANGSTON, individually and in his official capacity; JOHN DOES 1-10, individually and in their official capacities; and JOHN DOE 11, Defendants.

United States District Court, E.D. Arkansas, Jonesboro Division.

May 17, 2012.

Attorney(s) appearing for the Case

Marion Joe Poteet, Plaintiff, represented by Luther Oneal Sutter , Sutter & Gillham, PLLC.

Arkansas Methodist Hospital Corporation, doing business as Arkansas Methodist Hospital, Defendant, represented by Michelle Hill Cauley , Mitchell Williams Law Firm — LR & Jason Browning , Mitchell Williams Law Firm — LR.

John Wilson, M.D., Individually and in His Official Capacity, Defendant, represented by David P. Glover , Wright, Lindsey & Jennings — Little Rock & Michael A. Thompson , Wright, Lindsey & Jennings — Little Rock.

Dan Langston, Individually and in His Official Capacity, Defendant, represented by Robert L. Beard, Jr. , Rainwater, Holt & Sexton P.A..

ORDER

D.P. MARSHALL, Jr., District Judge.

Poteet has sued various persons and entities he alleges are responsible for harm he suffered after a jailhouse fight. Dr. John Wilson evaluated Poteet in the emergency room; he moves to dismiss some of Poteet's claims. Dr. Wilson says that EMTALA does not create a private cause of action against a physician. Further, Dr. Wilson argues that Poteet's complaint does not plausibly suggest that Wilson was a "state actor...

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