MEDICAL LAUNDRY SERVICE v. BOARD OF TRUSTEES OF UNIVERSITY OF ALABAMA

No. 86-7852.

840 F.2d 840 (1988)

MEDICAL LAUNDRY SERVICE, A DIVISION OF OPLCO, INC., Plaintiff-Appellant, v. The BOARD OF TRUSTEES OF the UNIVERSITY OF ALABAMA, BIRMINGHAM; S. Richardson Hill, both as an individual and in his capacity as President of the University of Alabama ("UAB"); Dennis Sanchez, both as an individual and in his official capacity as Assistant Director of the Department of Pharmacy at UAB; Vance Alexander, both as an individual and in his official capacity as Associate Director of the Department of Pharmacy at UAB; Herman Lazarus, both individually and in his official capacity as Director of the Department of Pharmacy at UAB; James E. Moon, both individually and as Administrator of the University of Alabama Hospitals; Bob Cummings, both individually and as Associate Director of Purchasing at UAB; Clark Taylor, both individually and in his official capacity as Associate Administrator for Operations at UAB; Lester Elliot, both individually and in his official capacity as Supervisor of the Linen Service Department at UAB; Martin Novak, both individually and in his official capacity as Assistant Administrator for Operations of UAB; et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 23, 1988.


Attorney(s) appearing for the Case

Fred McCallum, Jr., Lange, Simpson, Robinson & Somerville, Richard Patrick Carmody, Birmingham, Ala., for plaintiff-appellant.

Ina B. Leonard, Office of Counsel, Katherine S. Weed, Birmingham, Ala., for Board of Trustees of the University of Alabama, et al.

Leura J. Garrett, Asst. Atty. Gen., Montgomery, Ala., amicus for the State of Ala.

Before RONEY, Chief Judge, ANDERSON, and EDMONDSON, Circuit Judges.


PER CURIAM:

The issue to be addressed in this opinion is whether plaintiff has a legally protected property interest, which is a prerequisite to plaintiff's procedural due process claim brought pursuant to 42 U.S.C. § 1983. In order to establish a procedural due process claim under the Fourteenth Amendment for deprivation of property, plaintiff must show that its contract with the state constitutes a protected property interest.

Plaintiff Medical Laundry...

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