Richard Adams v. Eureka Fire Protection Dstr.

[UNPUBLISHED]

Plaintiffs Richard C. Adams, Wanda Adams, Richard M. Adams, Amanda Ogle and Eric Ogle appeal the district court’s 1 dismissal of their action alleging, inter alia, a violation of the federal Health Insurance Portability and Accountability Act (“HIPAA”). Plaintiffs sued under 42 U.S.C. § 1983, claiming that HIPAA creates a federal right that can be enforced through § 1983. The district court dismissed the federal claims under Federal Rule of Civil Procedure 12(b)(6), holding that HIPAA does not create a private right of action. Having dismissed the federal claims, the district…