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Bell v. HCR Manor Care Facility

United States Court of Appeals for the 11th Circuit
432 Fed. Appx. 908 (2011)


Renee Bell (plaintiff), representing the estate of Sylvia C. Fann, filed a lawsuit in a federal district court against HCR Manor Care Facility, a second private nursing home, and a physician in a private hospital (collectively, defendants). Bell alleged that defendants had insufficiently cared for a wound of Fann, thereby causing it to become infected. She brought a federal civil rights claim under 42 U.S.C. § 1983 and a claim under the Federal Tort Claims Act (FTCA). Bell alleged that defendants should be treated as state actors because they were licensed by the state. The district court granted defendants’ Fed. R. Civ. P. 12(b)(6) motion to dismiss both claims. Bell appealed.

Rule of Law


Holding and Reasoning (Per Curiam)

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