Grant v. Alperovich, 703 F. App'x 556 (9th Cir. 2017). · Go Syfert
Grant v. Alperovich, 703 F. App'x 556 (9th Cir. 2017). Cases Citing This Book View Copy Cite
“the district court correctly concluded that grant's assertion of discrimination in medical treatment decisions amounted to a claim of medical malpractice, rather than a claim of discrimination governed by the ada.”
10 citation events (10 in the last 25 years) across 5 distinct courts.
Strongest positive: Greer v. Hawaii Permanente Medical Group, Inc. (hid, 2025-01-31)
Top citers, strongest first. 7 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Greer v. Hawaii Permanente Medical Group, Inc. (2×) also: Cited as authority (rule)
D. Haw. · 2025 · quote attribution · 1 verbatim quote · confidence high
the district court correctly concluded that grant's assertion of discrimination in medical treatment decisions amounted to a claim of medical malpractice, rather than a claim of discrimination governed by the ada.
discussed Cited as authority (rule) Jensen (ID 2100211417) v. Martin
D. Kan. · 2025 · confidence medium
See Wenzke v. Munoz, 800 F. App’x 76 , 79 (3d Cir. 2020) (affirming dismissal of the plaintiff’s ADA claims because a lawsuit under the ADA cannot be based on medical treatment decisions); Grant v. Alperovich, 703 F. App’x 556, 557 (9th Cir. 2017) (affirming the district court’s grant of summary judgment because the “assertion of discrimination in medical treatment decisions amounted to a claim of medical malpractice, rather than a claim of discrimination governed by the ADA”); McGugan v. Aldana- Bernier, 752 F.3d 224 , 231–32 (2d Cir. 2014) (“[A] doctor may refuse to prescribe…
discussed Cited as authority (rule) Powell (ID 98912) v. Centurion Healthcare Services
D. Kan. · 2025 · confidence medium
See Wenzke v. Munoz, 800 F. App’x 76 , 79 (3d Cir. 2020) (affirming dismissal of the plaintiff’s ADA claims because a lawsuit under the ADA cannot be based on medical treatment decisions); Grant v. Alperovich, 703 F. App’x 556, 557 (9th Cir. 2017) (affirming the district court’s grant of summary judgment because the “assertion of discrimination in medical treatment decisions amounted to a claim of medical malpractice, rather than a claim of discrimination governed by the ADA”); McGugan v. Aldana-Bernier, 752 F.3d 224 , 231–32 (2d Cir. 2014) (“[A] doctor may refuse to prescribe …
discussed Cited as authority (rule) Powell (ID 98912) v. Centurion Healthcare Services
D. Kan. · 2025 · confidence medium
See Wenzke v. Munoz, 800 F. App’x 76 , 79 (3d Cir. 2020) (affirming dismissal of the plaintiff’s ADA claims because a lawsuit under the ADA cannot be based on medical treatment decisions); Grant v. Alperovich, 703 F. App’x 556, 557 (9th Cir. 2017) (affirming the district court’s grant of summary judgment because the “assertion of discrimination in medical treatment decisions amounted to a claim of medical malpractice, rather than a claim of discrimination governed by the ADA”); McGugan v. Aldana- Bernier, 752 F.3d 224 , 231–32 (2d Cir. 2014) (“[A] doctor may refuse to prescribe…
discussed Cited as authority (rule) Deweese v. Munyan
E.D. Ark. · 2021 · confidence medium
Auth., No. 19-3213, 2021 WL 303142 , at *3 (10th Cir. Jan. 29, 2021) (approving of the district court’s observation that “purely medical decisions . . . do not ordinarily fall within the scope of the ADA or the Rehabilitation Act”); Wenzke v. Munoz, 800 F. App’x 76 , 79 (3d Cir. 2020) (unreported) (affirming dismissal of the plaintiff’s ADA claims because a lawsuit under the ADA cannot be based on medical treatment decisions); Grant v. Alperovich, 703 F. App’x 556, 557 (9th Cir. 2017) (unreported) (affirming the district court’s grant of summary judgment because the “assertion …
discussed Cited "see" L.B. v. Premera Blue Cross
W.D. Wash. · 2025 · signal: see · confidence high
See 7 Grant v. Alperovich, 703 F. App’x 556 (9th Cir. 2017) (affirming a dismissal for failure 8 to exhaust of a patient’s AgeDA claim against her treating physician). 9 Each of the letters from HHS in which plaintiffs’ respective administrative 10 proceedings were closed indicated that, if “a subsequent event . . . change[s] the 11 landscape with respect to the types of allegations in [the] complaint,” a new complaint 12 could be filed and “OCR will waive the 180-day deadline for filing complaints in 13 appropriate cases.” Exs. 27 & 28 to Hamburger Decl. (docket nos. 100-26 & 10…
Retrieving the full opinion text from the archive…
Patricia A. GRANT, Ph.D.
v.
Claudio Gabriel ALPEROVICH
No. 14-35288.
Court of Appeals for the Ninth Circuit.
Nov 20, 2017.
703 F. App'x 556
Patricia A. Grant, Ph. D,, Pro Se, Michelle M. Garzón, Fain Anderson VanDerhoef Rosendahl O’Halloran Spillane PLLC, Tacoma, WA, Tamara K. Nelson, Merrick, Hofstedt & Lindsey, P.S., Seattle, WA, for Defendant-Appellee Claudio Gabriel Alperovich, Tamara K. Nelson, Merrick, Hofstedt & Lindsey, P.S., Seattle, WA, Philip J. Van-Derhoef, Fain Anderson VanDerhoef Ro-sendahl O’Halloran Spillane, PLLC, Seattle, WA, for Defendant-Appellee St' Francis Hospital Franciscan Health System, Donna M. Moniz, Esquire, Counsel, Eugene A. Studer, Counsel, Johnson, Graffe, Keay, Moniz & Wick, LLP, Seattle, WA, Tamara K. Nelson, Merrick, Hofstedt & Lindsey, P.S., Seattle, WA, for Defendants-Appellees Valley Medical Center, Trient M. Nguyen, Timothy Ernest Allen, Attorney, Mullin, Allen & Steiner PLLC, Seattle, WA, Tamara K Nelson, Merrick, Hofstedt & Lindsey, P.S., Seattle, WA, for Defendant-Appellee Michael K. Hori, Bertha B. Fitzer, Esquire, Attorney, Fitzer Leighton & Fitzer PS, Tacoma, WA, for Defendants-Appellees Pacific Medical Center Inc. Lisa Oswald, Shoba Krishnamurthy, William Richard Ludwing, US Family Health Plan, Howard Mark Goodfriend, Attorney, Smith Goodfriend, PS, Seattle, WA, Tamara K. Nelson, Merrick, Hofstedt & Lindsey, P.S., Seattle, WA, for Defendant-Appellee Michele Pulling, David Joseph Corey, Attorney, Floyd, Pflueger & .Ringer, Seattle, WA, Tamara K, Nelson, Merrick, Hofstedt <& Lindsey, P.S., Seattle, WA, for Defendants-Appel-lees Virginia Mason Health System, Richard C, Thirlby
Canby, Graber, Trott.
Cited by 7 opinions  |  Published

MEMORANDUM **

Patricia A. Grant appeals pro se from the district court’s summary judgment in favor of the defendants in her civil rights action alleging discrimination on the basis of her mental health disability, as well as her race, age, and gender, in the medical treatment of symptoms' that she suffered following surgery. We have jurisdiction under 28 U.S.C, § 1291. We review de novo, Zetwick v. Cty. of Yolo, 850 F.3d 436, 440 (9th Cir. 2017), and we affirm.

We affirm the district court’s conclusion that the defendants were not liable for any violation of Grant’s constitutional rights under 42 U.S.C. § 1983 because they did not act under color of state law. See Chudacoff v. Univ. Med. Ctr. of S. Nev., 649 F.3d 1143, 1149 (9th Cir. 2011), Grant did not establish any genuine issue of material fact as to whether the defendants conspired to deprive her of the equal protection of the laws under 42 U.S.C. § 1985(3). See Calderia v. Cty. of Kauai, 866 F.2d 1175, 1181 (9th Cir. 1989). She also did not establish any genuine issue of material fact regarding racial discrimination under Titles II, VI, and XI of the Civil Rights Act. See Hardie v. Nat’l Collegiate Athletic Ass’n, No. 15-55576, 2017 WL 4250174, at *1 (9th Cir. Sept. 11, 2017).

The district court did not err in granting summary judgment on Grant’s claims under the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12132 & 12182(a). See Ariz. ex rel. Goddard v. Harkins Amusement Enters., Inc., 603 F.3d 666, 670 (9th Cir. 2010) (setting forth elements of claim). The district court correctly concluded that Grant’s assertion of discrimination in medical treatment decisions amounted to a claim of medical malpractice, rather than , a claim of discrimination governed by the ADA,

Grant failed to exhaust administrative remedies under the Age Discrimination Act. See 42 U.S.C. § 6104(e)(1) & (2); 34 C.F.R. § 110.39. Neither the Health Insurance Portability and Accountability Act nor the statutes criminalizing health care fraud provide a private right of action. See Garmon v. Cty. of L.A., 828 F.3d 837, 847 (9th Cir. 2016); Logan v. U.S. Bank N.A., 722 F.3d 1163, 1170-71 (9th Cir. 2013).

The district court did not abuse its discretion in declining to exercise supplemental jurisdiction over Grant’s remaining state law claims under 28 U.S.C, § 1367(a). See 28 U.S.C. § 1367(c); Acri v. Varian Assocs., Inc., 114 F.3d 999, 1001 (9th Cir. 1997) (en banc).

Finally, the district court did not abuse its discretion in failing to grant a continuance for additional discovery. See Atay v. Cty. of Maui, 842 F.3d 688, 698 (9th Cir. 2016).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.