Klavan v. Crozer-Chester Medical Center

MEMORANDUM

DALZELL, District Judge.

In this sad and novel action, plaintiff Marshall Klavan, M.D., through his guardian ad litem, Jerome J. Shestack, Esq., 1 is attempting to sue the defendants 2 for “wrongful life” and their alleged violation of his liberty interest in refusing unwanted medical treatment. Because we find that Dr. Klavan has failed to allege a set of facts to demonstrate that the defendants were state actors, we will grant the defendants’ motions to dismiss.

I. Facts

The facts alleged here are the stuff of tragedy. Until April of 1997, Dr. Klavan was a “highly regarded, respected…