Diaz v. Lee

U.S. Courts of Appeals

Decided August 11, 2004

U.S. Courts of Appeals · decided 2004-08-11

Cited by 1 later decisions — most recently October 2005

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Will v. Michigan Department of State Police

Good law ✅— No negative treatment on recordhow we know

Decided 2004-08-11

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PER CURIAM.

¶1In these consolidated appeals, Feliberto Diaz appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error.* Accordingly, we affirm substantially on the reasoning of the district court. See Diaz v. Lee, CA-01-732-5-BR (E.D.N.C. Aug. 21, 2003; Jan. 7, 2004). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

¶2 AFFIRMED

¶3 We note that because the Utilization Review Board ("URB”) is not a "person” under § 1983, it was not necessary for the district court to address the merits of Diaz’s claims against it. See Will v. Mich. Dep’t of State Police, 491 U.S. 58, 70, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989).