Caine v. Hardy

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In Caine v. Hardy, 943 F.2d 1406, 1413 (5th Cir. 1991), the Court of Appeals for the Fifth Circuit held that a pre-deprivation remedy was not required in an action against a physician's hospital privileges, because the Court found the hospital's disciplinary procedures to include adequate safeguards.

The Court held that "it is inconceivable that the state could have articulated more explicit procedural safeguards to protect" the physician and that the pre-deprivation procedures place "a stiff and exacting burden" on the hospital before disciplining the physician.

The decision, written by Judge Edith Jones, was en banc.