McILWAIN v. PRINCE WILLIAM HOSP.

Civ. A. No. 91-39-A.

774 F.Supp. 986 (1991)

Tyrone A. McILWAIN & Valeria Y. McIlwain, Plaintiffs, v. PRINCE WILLIAM HOSPITAL, et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

September 24, 1991.


Attorney(s) appearing for the Case

Robert Huston Hovis, III, Annandale, Va., for Tyrone A. and Valeria Y. McIlwain.

Robert Harkness Herring, Jr., Office of the Atty. Gen., Richmond, Va., for Com. of Va., Dept. of Corrections.

John Allen Blazer, Crews & Hancock, Fairfax, Va., for Prince William Hosp.

John Baldwin Catlett, Jr., Sands, Anderson, Marks & Miller, Richmond, Va., for Davis Mathias, M.D.


MEMORANDUM OPINION

ELLIS, District Judge.

Introduction

Before the Court are motions for summary judgment raising the question whether (1) a private physician under contract with a prison and (2) a private hospital without such a contract may be held liable under § 1983 for failing to inform a prisoner-patient of his HIV infection. Because the undisputed facts of this case show that the hospital was not a state actor, and because no...

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