Doby v. DeCrescenzo, 98-1124
| Decision Date | 30 December 1993 |
| Docket Number | No. 98-1124,98-1124 |
| Citation | 171 F.3d 858 |
| Parties | Rebecca S. DOBY; Herbert K. Doby, Appellants in, v. James DeCRESCENZO; Bucks County Department of Mental Health and Mental Retardation; Phillip M. Fenster, County Administrator, Bucks County Department of Mental Health and Mental Retardation, in his official capacity; Amy Bryant, individually and in her official capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health/Mental Retardation Lenape Valley Foundation; Debbie Neidhardt, individually and in her official capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health and Mental Retardation; Township of Warrington; Warrington Township Police Department; John Bonargo, Chief of Police, Warrington Township Police Department, in his official capacity; John Doe, Police Officer # 1, Officer who, with police officer # 2, asked Mrs. Doby to step outside apartment at approximately 7:00 p.m. and took Mrs. Doby in handcuffs and shackles to the hospital, individually and in his official capacity as police officer of Warrington Township; John Doe, Police Officer # 2, Officer who, with police officer # 1, asked Mrs. Doby to step outside apartment at approximately 7:00 p.m. and took Mrs. Doby in handcuffs and shackles to the hospital, individually and in his official capacity as police officer of Warrington Township; John Doe, Police Officer # 3, Officer who came to the Dobys' apartment at approximately 7:00 p.m. on |
| Court | U.S. Court of Appeals — Third Circuit |
Timothy I. McCann (argued) Linda A. Carpenter, McCann & Geschke, Philadelphia, PA, for appellants.
Joseph Goldberg (argued) Peggy B. Greenfeld, Tracy A. Walsh, Margolis Edelstein, Philadelphia, PA, for appellee James DeCrescenzo.
Sean X. Kelly (argued) Marks, O'Neill, Reilly, O'Brien & Courtney, Westmont, NJ, for appellees Bucks County Department of Mental Health and Mental Retardation, Phillip M. Fenster, County Administrator, Bucks County Department of Mental Health And Mental Retardation, in his official capacity, and Debbie Neidhardt, individually and in her official capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health and Mental Retardation and Township of Warrington.
Barbara S. Magen (argued) Donald N. Camhi, Amalia V. Romanowicz, Post & Schell, Philadelphia, PA, for appellees Amy Bryant, individually and in her official capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health/Mental Retardation Lenape Valley Foundation and Lenape Valley Foundation.
L. Rostaing Tharaud (argued) Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, for appellees Warrington Township Police Department, John Bonargo, Chief of Police, Warrington Township Police Department, in his official capacity, Joseph Knox, Sergeant, Warrington Township Police Department, in his official and individual capacity, Michael Neipp, Officer, of the Warrington Township Police Department, in his official and individual capacity, and Kenneth Hawthorn, Officer, Warrington Township Police Department, in his official and individual capacity.
Alan S. Gold (argued) Monaghan & Gold, Elkins Park, PA, for appellee John C. Richards, M.D. Marion H. Griffin (argued) Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, for appellee Doylestown Hospital.
Before: GREENBERG, ROTH, and LOURIE, * Circuit Judges.
Believing that his employee Rebecca Doby was suicidal, James DeCrescenzo filed a petition with the Bucks County Department of Mental Health to have her examined involuntarily under section 7302 of the Pennsylvania Mental Health Procedures Act. The appropriate county official granted the petition and issued a warrant instructing the local police to bring Doby to a nearby hospital for a psychiatric evaluation; this evaluation led to her involuntary five-day commitment. Claiming that her federal rights to due process and freedom from unreasonable searches and seizures had been violated, Doby and her husband, Herbert Doby, brought suit under 42 U.S.C. § 1983 against the individuals involved in her commitment, including DeCrescenzo, the county, certain of its officials, the police officers who executed the warrant, and an evaluating doctor. The district court dismissed portions of the Dobys' case, entered judgment as a matter of law for the defendants before or at the trial on other claims, and subsequently denied the Dobys' post-trial motions for a new trial and for other relief. The Dobys appeal, arguing primarily that Bucks County relies upon an unconstitutional policy in processing petitions for involuntary examinations. After evaluation of the many issues involved in this case we have concluded that the county's policy in enforcing the Mental Health Procedures Act is constitutional, and that there is no other reason to reverse the orders or judgments on appeal. Consequently, we will affirm.
The district court had jurisdiction over the Dobys' section 1983 claims under 28 U.S.C. §§ 1331 and 1343 and supplemental jurisdiction over their related state law claims under 28 U.S.C. § 1367. Because the Dobys appeal from final orders of the district court, we have jurisdiction under 28 U.S.C. § 1291.
The chain of events at the center of this appeal commenced when Doby handed a letter to DeCrescenzo on December 22, 1993. At the time, Doby had worked for DeCrescenzo's court reporting agency for two years. She alleges that during her employment her relationship with DeCrescenzo had become intimate and included several instances of sexual contact but not sexual intercourse. DeCrescenzo denies that his relationship with Doby extended beyond friendship.
The letter in question was lengthy, 11 pages in total, and personal. It referred to abuse suffered by Doby during her childhood and described sexual conduct in which Doby wished to engage with DeCrescenzo. At the letter's conclusion, Doby also wrote that she had accomplished what she was intended to do in this lifetime and was "leaving." Alarmed by the letter's contents, DeCrescenzo consulted with his wife, his marriage counselor, and his attorney. Dr. Linda Edelstein, his marriage counselor, advised him that the letter's author was in psychiatric distress, potentially suicidal, and needed the immediate assistance of mental health professionals. On her advice, DeCrescenzo spoke with personnel of the Philadelphia mental health office who suggested that they could send a mobile emergency crisis team to meet with Doby. Without consulting Doby, DeCrescenzo arranged for the crisis team to come to his office on December 30, 1993.
However, on December 30, Doby left the office before the mobile emergency crisis team arrived. From her car phone, she placed a call to a co-worker, Kathy McHugh, to advise her that she would not attend McHugh's New Year's Eve party. Doby was upset and crying, indicated that she was driving in the rain, and would not tell McHugh where she was going. McHugh reported this conversation to DeCrescenzo who then called Doby to ask her to return to the office. Doby refused and indicated that sh...
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