Borrell v. Bloomsburg University

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Geisinger Medical Center, a private hospital that operates clinical training, partnered with Bloomsburg University, which teaches in the classroom, to establish the Nurse Anesthetist Program. Geisinger provides certificates upon completion of its clinic and Bloomsburg confers Master of Science degrees to students who complete both the coursework and the clinical component. Geisinger’s policies, including its drug and alcohol policy, apply to students participating in the clinic; drug tests “may be administered upon reasonable suspicion of substance abuse,” and any worker “who refuses to cooperate ... shall be subject to disciplinary action, including termination” without pre-termination hearing or process. Geisinger has sole authority to remove an enrollee from the clinical program. The Program's Director, a Geisinger nurse anesthetist, Richer, was a joint employee of Geisinger and Bloomsburg. Richer terminated Borrell, who had previously been a Geisinger RN, for refusing to take a drug test after another nurse reported that Borrell used cocaine and “acted erratically” on a recent trip. Richer had previously “noticed that Borrell appeared disheveled on a few occasions.” Richer claimed he acted as Director of the clinical training portion and that Bloomsburg played no part in the decision. Borrell requested, but did not receive, a formal hearing from Bloomsburg, then filed a 42 U.S.C. 1983 action. The Third Circuit reversed summary judgment in favor of Borrell, concluding that the defendants were not state actors. View "Borrell v. Bloomsburg University" on Justia Law