Babcock v. Harborview Medical Center

Filing 2

ORDER TO SHOW CAUSE - Plaintiff shall, within thirty (30) days of the date of this Order, show cause why the above-captioned matter should not be dismissed for failure to state a claim upon which relief can be granted. Show Cause Response due by 10/31/2014, by Judge Robert S. Lasnik. (TM) CC: pRO sE

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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______________________________________
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Plaintiff,
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v.
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HARBORVIEW MEDICAL CENTER,
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Defendants.
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_______________________________________)
LANCE C. BABCOCK,

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Case No. C14-1492RSL
ORDER TO SHOW CAUSE

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This matter comes before the Court sua sponte. On September 26, 2014, plaintiff,

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proceeding pro se, filed suit against Harborview Medical Center alleging violations of 42 U.S.C.

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§ 1983 and a number of state law claims. The Court, having reviewed the complaint, finds as

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follows:

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Harborview is a division of the University of Washington and an arm of the state.

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See Hontz v. State, 105 Wn.2d 302, 310 (1986). As such, it is not a “person” subject to suit

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under § 1983. See Will v. Mich. Dep’t of State Police, 491 U.S. 58 (1989). Plaintiff’s § 1983

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claim therefore fails to state a claim upon which relief can be granted.

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In addition, all of plaintiff’s claims are barred by the Eleventh Amendment to the

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United States Constitution, which provides that “[t]he Judicial power of the United States shall

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not be construed to extend to any suit in law or equity, commenced or prosecuted against one of

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the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”

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While the plain language of the Eleventh Amendment does not expressly bar suits against a state
ORDER TO SHOW CAUSE

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by its own citizens, it is well established constitutional law that “an unconsenting State is

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immune from suits brought in federal courts by her own citizens as well as by citizens of another

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State.” Edelman v. Jordan, 415 U.S. 651, 663 (1974) (citing Hans v. Louisiana, 134 U.S. 1

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(1890)). The State of Washington has not waived its immunity for suits such as the one

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presented here. See Debbs v. Harborview Med Ctr., C12-0479JLR, 2012 WL 4089900 (W.D.

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Wash. Aug. 21, 2012).

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Plaintiff shall, within thirty (30) days of the date of this Order, show cause why the

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above-captioned matter should not be dismissed for failure to state a claim upon which relief can

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be granted. The Clerk of Court is directed to send a copy of this Order to plaintiff and to note

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this Order to Show Cause for consideration on the Court’s calendar for October 31, 2014.

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Dated this 30th day of September, 2014.

A
Robert S. Lasnik

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United States District Judge

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ORDER TO SHOW CAUSE

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