COUCH v. BOARD OF TRUSTEES OF MEMORIAL HOSP.

No. 08-8001.

587 F.3d 1223 (2009)

Marvin W. COUCH, II, M.D., Plaintiff-Appellant, v. BOARD OF TRUSTEES OF the MEMORIAL HOSPITAL OF CARBON COUNTY; Patsy Carter; David Cesko, M.D.; Duane Abels, D.O.; Archie Kirsch, M.D.; Charles Young, M.D.; Kenneth Schulze, M.D.; Palur Sridharan, M.D.; V. Raja Chandrasekaran, M.D., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 17, 2009.


Attorney(s) appearing for the Case

Elizabeth A. Phelan (Gregory R. Piché and Mark B. Wiletsky, with her on brief), of Holland & Hart LLP, Boulder, CO, for Appellant.

Janet Schroer (Monty Barnett, John Lebsack and James M. Meseck on brief), of White and Steele, P.C., Denver, CO, for Appellees.

Before TACHA, EBEL, and HARTZ, Circuit Judges.


EBEL, Circuit Judge.

Dr. Marvin Wayne Couch appeals from summary judgment entered in favor of defendants, Memorial Hospital of Carbon County ("MHCC"), a small rural hospital where he has staff privileges, the hospital's chief administrator, and six of the ten other physicians who have privileges at MHCC. Dr. Couch brought this action, pursuant to 42 U.S.C. § 1983, to remedy an alleged deprivation of his First Amendment right of free speech caused by a "campaign...

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