Yashon V. Gregory

Dr. David Yashon, the plaintiff, appeals from a district court order granting summary judgment to the defendants in this action brought pursuant to 42 U.S.C. § 1983. This is the second time that this case has come before this court. On the first appeal, the plaintiff challenged a district court judgment holding that the defendants had afforded him due process in deciding not to reappoint him to the attending medical staff at the Ohio State University Hospitals. This court declined to reach the merits because the district court had addressed the due process issue without first determining whether the plaintiff possessed a protectible property or liberty interest. Yashon v. Hunt, 696 F.2d 468 (6th Cir. 1983). Finding the record "not free from doubt" on the latter question, id. at 469-70, this court remanded the case in order "to allow the district court to find whether or not Dr. Yashon does have a protected liberty or property interest in his position on the attending medical staff." Id. at 470.