Partner Gregory J. Radomisli secured summary judgment in a case where Plaintiff alleged that when she presented to a New York hospital with medical complaints on July 24, 2015, she was inappropriately assessed as being suicidal, based upon various statements she gave to the healthcare providers. Plaintiff alleged that our client doctor improperly diagnosed her and retained her in violation of her civil rights before transferring her to a psychiatric hospital, where she was subsequently admitted for approximately 6 days.
Plaintiff alleged violations of her Fourth Amendment rights pursuant to 42 USC §1983 based upon violation of Mental Hygiene Law§9.37. We moved for summary judgment. In opposition, plaintiff's counsel submitted an expert Affidavit, as well as Affidavits from plaintiff, her husband and her employer, all of whom disputed what was in the medical records. The Court granted our motion dismissing the federal causes of action, finding that plaintiff submitted a "sham" affidavit in an attempt to avoid defeat, and that plaintiff's expert based his opinion on facts that were not available to the defendants. The Court declined to exercise supplemental jurisdiction on the state-law claims.