Moore v. Grady Memorial Hosp. Corp., No. 14-14719 (11th Cir. 2016)Annotate this Case
Plaintiff, an African-American male and licensed, board-certified general surgeon and a specialist, filed suit alleging claims for race discrimination and retaliation in violation of 42 U.S.C. 1981. The district court granted defendants' Rule 12(b)(6) motion to dismiss the federal claims. The court held that plaintiff pled sufficient facts to support his section 1981 discrimination claim. In this case, plaintiff alleged that he was retaliated against by Grady and the Hospital Authority because of his opposition to discriminatory practices, which included subjecting him and other African-American physicians to limited surgery facilities and support staff and the assignment of certain medical cases to white doctors. Accordingly, the court reversed as to this claim. The court affirmed the district court's grant of defendants' motion to dismiss as to the section 1981 discrimination claim. The court remanded for further proceedings.