No Private Right of Action Under 42 U.S.C. section 300a-7(c)
In Cenzon-DeCarlo v. Mt. Sinai Hosp., No. 10-0556, an action claiming that plaintiff nurse was compelled by her supervisors to participate in a late-term abortion, suffering serious emotional harm as a result, the court affirmed summary judgment for defendant where there was no evidence that Congress intended to create a right of action under 42 U.S.C. section 300a-7(c).
As the court wrote: "This case calls on us to determine whether 42 U.S.C. § 300a-7(c) implies a private right of action. As set forth below, we hold that it does not."
- Read the Second Circuit's Decision in Cenzon-DeCarlo v. Mt. Sinai Hosp., No. 10-0556