Filed: May 22, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-50517 Summary Calendar SAMI HANNA, M.D., Plaintiff-Appellant, versus T. ULF WESTBLOM et al., Defendants, T. ULF WESTBLOM, M.D.; DANNY KASTNER, M.D.; WILLIAM BAILEY, M.D.; RAJENDRA MOTAPLARTHI, M.D., Defendants-Appellees. - Appeal from the United States District Court for the Western District of Texas USDC No. W-99-CV-147 - May 21, 2001 Before DAVIS, JONES, and DeMOSS, Circuit Judges. PER CURIAM:* Sami Hanna, formerly employed as
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-50517 Summary Calendar SAMI HANNA, M.D., Plaintiff-Appellant, versus T. ULF WESTBLOM et al., Defendants, T. ULF WESTBLOM, M.D.; DANNY KASTNER, M.D.; WILLIAM BAILEY, M.D.; RAJENDRA MOTAPLARTHI, M.D., Defendants-Appellees. - Appeal from the United States District Court for the Western District of Texas USDC No. W-99-CV-147 - May 21, 2001 Before DAVIS, JONES, and DeMOSS, Circuit Judges. PER CURIAM:* Sami Hanna, formerly employed as a..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50517
Summary Calendar
SAMI HANNA, M.D.,
Plaintiff-Appellant,
versus
T. ULF WESTBLOM et al.,
Defendants,
T. ULF WESTBLOM, M.D.; DANNY
KASTNER, M.D.; WILLIAM BAILEY, M.D.;
RAJENDRA MOTAPLARTHI, M.D.,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. W-99-CV-147
--------------------
May 21, 2001
Before DAVIS, JONES, and DeMOSS, Circuit Judges.
PER CURIAM:*
Sami Hanna, formerly employed as a staff cardiologist
with the Department of Veterans Affairs, Central Texas Health Care
System (“VA”) in Temple, Texas, and as an assistant professor of
medicine at the Texas A&M Health Sciences Center (“A&M”), appeals
the district court’s summary-judgment dismissal of his federal
civil rights action, pursuant to Bivens v. Six Unknown Named
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
No. 00-50517
-2-
Agents,
403 U.S. 388 (1971). This court reviews the district
court’s grant of summary judgment de novo. Hale v. Townley,
45
F.3d 914, 917 (5th Cir. 1995).
Hanna urges that the district court erred in determining
that he failed to demonstrate a constitutional violation. He
argues that he demonstrated a violation of his due-process rights
under the Fifth Amendment and a violation of his right to be free
from retaliation under the First Amendment.
To the extent that Hanna seeks redress for damage to his
professional reputation, his due-process claim fails because injury
to reputation is not actionable under the Fifth Amendment. See
Paul v. Davis,
424 U.S. 693, 712 (1976); Vander Zee v. Reno,
73
F.3d 1365, 1369 (5th Cir. 1996). To the extent that Hanna contends
that he was denied due process when he was deprived of his property
interest in his continued teaching duties at A&M, the claim
similarly fails because the undisputed summary-judgment evidence
demonstrates that the decision to suspend Hanna from teaching
duties was not made by any of the defendants but was independently
made by officials at A&M.
In connection with Hanna’s claim that his overly long
suspension and allegedly forced resignation from the critical care
unit of the VA violated his due-process rights, the claim fails
because, as a temporary employee, Hanna had no property interest in
his continued employment. See McDonald v. City of Corinth, Texas,
102 F.3d 152, 155 (5th Cir. 1996); cf. Board of Regents v. Roth,
408 U.S. 564, 577-78 (1972). Although Hanna conclusionally
asserts that he became a permanent employee, he has provided no
No. 00-50517
-3-
competent summary-judgment evidence to contradict the defendants’
evidence that he served at the VA under a temporary appointment.
See also Little v. Liquid Air Corp.,
37 F.3d 1069, 1075 (5th Cir.
1994)(en banc).
Alternatively, Hanna’s due-process claim fails, as does
his First Amendment retaliation claim, because Congress has
provided a statutory framework for physicians employed by the VA to
utilize to seek redress for allegedly unconstitutional adverse
employment decisions, and this court has specifically held that
this regulatory scheme precludes a damages remedy in federal court.
See Heaney v. United States Veterans Administration,
756 F.2d 1215,
1217-20 (5th Cir. 1985); see also Bush v. Lucas,
462 U.S. 367, 378-
90 (1983).
Hanna urges that he has been denied all access to the
internal procedures and administrative remedies afforded by the VA
and that his only recourse is a damages action in federal court,
but his argument is wholly lacking in evidentiary support. Hanna’s
own summary-judgment evidence demonstrates that although he was
denied further peer review because he had already received a
favorable outcome, he was advised that he could proceed with an
administrative EEO complaint, and the defendants have presented
evidence demonstrating that Hanna is actively pursuing this avenue
of relief. Thus, he has not been precluded from pursuing his
administrative remedies.
The district court did not err in dismissing Hanna’s
complaint, and its judgment is AFFIRMED. Hanna’s argument that
rather than dismiss his suit, the court should have permitted him
No. 00-50517
-4-
to file an amended complaint or a submit a pleading pursuant to
Fed. R. Civ. P. 7(a) is facially frivolous.
AFFIRMED.