Block on Trump's Asylum Ban Upheld by Supreme Court
Today, the Eleventh Circuit decided cases concerning civil rights and False Claims Act issues.
US ex rel. Sanchez v. Lymphatx, Inc., No. 09-14275, was a False Claims Act action alleging fraudulent billing and retaliatory discharge claims against a government contractor. The district court dismissed the complaint.
The court of appeals affirmed in part on the ground that plaintiff was represented by counsel but did not move for leave to amend. However, the court reversed in part, holding that, because plaintiff's retaliation claim did not depend on allegations of fraud, the complaint only needed a short and plain statement of the claim showing that she was entitled to relief.
In Jimenez v. WellStar Health Sys., No. 09-10917, a physician claimed that defendant health care system suspended his staff privileges based on his race. The district court dismissed the complaint.
The court of appeals affirmed, holding that: 1) the complaint did not adequately plead that defendant's alleged discrimination concerned activities enumerated by 42 U.S.C. section 1981; 2) the suspension of medical staff privileges did not implicate any rights protected by section 1981; and 3) conspiracies to violate rights protected under section 1981 were likewise insufficient to form the basis of a section 1985(3) claim.