Freeman v. Simon

February 16, 1995 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

No. 94-2115

EUGENE A. FREEMAN AND SANDRA FREEMAN,

Plaintiffs, Appellants,

v.

LENARD SIMON, M.D. AND BETH ISRAEL HOSPITAL,

Defendants, Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. A. David Mazzone, U.S. District Judge]

Before

Torruella, Chief Judge, Cyr and Stahl, Circuit Judges.

Eugene Freeman on brief pro se. Charles J. Dunn, Jr., Ann L. Simoneau and Dunn and Rogers on brief for appellees.

Per Curiam. We affirm for the reasons stated in

the district court's November 30, 1993 memorandum and order.

At best, plaintiffs' pleadings set forth state law tort

causes of action over which a federal court lacks

jurisdiction absent complete diversity of citizenship, and

plaintiffs failed adequately to allege complete diversity.

As for plaintiffs' purported 1983 claims, neither state

licensing nor receipt of public funds would make defendants

state actors liable to suit under 42 U.S.C. 1983. Blum v.

Yaretsky, 457 U.S. 991 (1982). Plaintiffs' claims of

conspiracy to deny equal protection were too conclusory to

state a cause of action under 42 U.S.C. 1985(3).

Affirmed.