Bell v. HCR Manor Care Facility

Renee Bell (plaintiff), representing the estate of Sylvia Fann, sued HCR Manor Care Facility, another private nursing home, and a hospital physician (defendants) in federal court, alleging they inadequately treated a wound that became infected. She brought a claim under 42 U.S.C. Section 1983 for a civil-rights violation and a claim under the Federal Tort Claims Act, asserting the defendants should be treated as state actors because they were state-licensed. The district court granted the defendants' motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). Bell appealed.