U.S. District Court, Northern District of N.Y. Case Summaries: Case

Daily Record (Rochester, NY), Oct 14, 2008

U.S. District Court, Northern District of New York

Civil Rights

Involuntary Commitment

Hogan v. A.O. Fox Memorial Hospital

07-CV-555

Judge Peebles

Background: Before the court in an action under 42 U.S.C. [section]1983 are claims asserting the denial of equal protection and procedural and substantive due process and including a state law claim of medical malpractice. The court is ruling on cross-motions for summary judgment. The plaintiff asserts a cause of action based on the defendants' reliance on an illegal, improper, facially deficient referral from the Delaware County Mental Health Clinic in making the determination to involuntarily commit her to a term of medical care within the defendant hospital. Additional claims raised include false imprisonment, assault and infliction of emotional distress. The plaintiff argues the documentation committing her is insufficient under the Mental Hygiene Law and medical personnel were aware that she posed no threat to herself or others.

Ruling: The court finds that no reasonable factfinder could conclude the defendants acted under color of state law at the relevant times, nor could one find in the plaintiff's favor on any of her remaining claims. The complaint is dismissed.

Donald J. Schwartz for the plaintiff, and Maria E. Lisi-Murray of Levene Gouldin & Thompson LLP for the defendant