Fisk v. Letterman
| Decision Date | 17 July 2007 |
| Docket Number | No. 04 Civ. 6972(VM).,04 Civ. 6972(VM). |
| Citation | 501 F.Supp.2d 505 |
| Parties | Shirley Ann FISK, Plaintiff, v. David LETTERMAN, Worldwide Pants, Sumner M. Redstone, Leslie Moonves, Mel Karmazin, Viacom Inc., CBS Inc., City of New York, William Delace, Michael Z. McIntee, Project Help, Dr. John Doe, John Joe, Officer J. Soe, Dr. Koe, Dr. Ricardo Castaneda, Dr. Steven Ciric, Dr. William Roman, Susan Kolcun, Delsa Best, Grace Mones, State of Connecticut, Does 1-30, Defendants. |
| Court | U.S. District Court — Southern District of New York |
Shirley Ann Fisk, Mojave, CA, pro se.
Janice Casey Silverberg, New York City Law Depart. Office of the Corporation Counsel, New York, NY, for City of New York, Dr. Ricardo Castaneda, Dr. Steven Ciric, William Roman.
Diane K. Kanca, McDonough Marcus Cohn Tretter Heller & Kanca, LLP, New Rochelle, NY, for Project H.E.L.P.
Jamila Ayana Berridge, Epstein, Becker & Green, P.C. (New York), New York, NY, Michele N. Beier, Attorney General, New York, NY, for Susan Colson.
Jonathan Nicholas Francis, Arnold & Porter, LLP, New York, NY, for Delsa Best.
DECISION AND ORDER
Plaintiff Shirley Ann Fisk ("Fisk") brought this action pursuant to 42 U.S.C. § 1983 alleging unlawful, search and seizure, denial of due process, infringement of freedom of speech, and other constitutional violations and common law claims. Fisk's complaint arises from her involuntary commitment at Bellevue Hospital ("Bellevue") for psychiatric evaluation and treatment in July 2002. The remaining defendants in the case — Ricardo Castaneda, Steven Ciric, William Roman, Project HELP and the City of New York (collectively, "Defendants") — have moved for summary judgment pursuant to Federal Rule of Civil Procedure 56.1
By Order dated June 6, 2007, Magistrate Judge James C. Francis, to whom this matter had been referred for pretrial supervision, issued a Report and Recommendation (the "Report"), a copy of which is attached and incorporated herein, recommending that the Court grant Defendants' motions. The Report further recommended that the complaint be dismissed against all other named and unnamed defendants pursuant to Fed.R.Civ.P. 4(m) for failure to effect service. Fisk filed timely objections to the Report challenging its findings and conclusions. (See Objection of Plaintiff Pro Se, Shirley Ann Fisk, to the Report and Recommendation of the Magistrate, dated June 30, 2007 ("Pl.'s Objection")). For the reasons stated below, the Court adopts the recommendations of the Report in their entirety.
A district court evaluating a Magistrate Judge's report may adopt those portions of the report to which no "specific, written objection" is made, as long as the factual and legal bases supporting the findings and, conclusions set forth in those sections are not clearly erroneous. See Fed.R.Civ.P. 72(b); Thomas v. Arn. 474 U.S. 140, 149, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985); Greene v. WCI Holdings Corp., 956 F.Supp. 509, 513 (S.D.N.Y. 1997). "Where a party makes a `specific written objection ... after being served with a copy of the [magistrate judge's] recommended disposition,' however, the district court is required to make a de novo determination regarding those parts of the report." Cespedes v. Coughlin, 956 F.Supp. 454, 463 (S.D.N.Y.1997) (citing United States v. Raddatz, 447 U.S. 667, 676, 100 S.Ct. 2406, 65 L.Ed.2d 424 (1980)). The Court is not required to review any portion of a Magistrate Judge's report that is not the subject of an objection. See Thomas, 474 U.S. at 149, 106 S.Ct. 466. A district judge may accept, reject, or modify, in whole or in part, the findings and recommendations of the Magistrate Judge. See DeLuca v. Lord, 858 F.Supp. 1330, 1345 (S.D.N.Y.1994); Walker v. Hood, 679 F.Supp. 372, 374 (S.D.N.Y.1988).
Fisk's objections to the Report consist of a lengthy recitation of her version of the facts stated in generalizations, conjectures, and conclusory terms, essentially the same deficiencies noted in the Report with regard to Fisk's response to Defendants' motions for summary judgment that form a fundamental ground supporting the recommendation of dismissal of the complaint. For example, rather than presenting competent psychiatric evidence supporting her claim that her involuntary commitment and medication at Bellevue lacked professional basis in accepted medical standards, Fisk asserts that she "believes and alleges" that Dr. Anne Stockton, the Project HELP psychiatrist who authorized Fisk's transportation to Bellevue, "was paid or otherwise compensated by CBS for her cooperation" in ordering Fisk's involuntary seizure. (Pl.'s Objection at 7). With similar speculation and lack of foundation, Fisk states that she "believes" that Dr. Heather Lewerenz, who examined Fisk at Bellevue and approved her involuntary commitment, "was contacted by [defendant] Grace Mones and urged to change her opinion about Plaintiff." (Id. at 16). And she attributes her confinement at Bellevue to the "lies" of the CBS security guard who reported her unusual conduct to the authorities, and to the "unprofessional, unethical behavior" of the doctors and other officials responsible for her involuntary commitment. (Id.); see Gottlieb v. County of Orange, 84 F.3d 511, 518 (2d Cir.1996) ().
Having conducted a review of the full factual record in this litigation, including, the pleadings, and the parties' respective papers submitted in connection with the underlying motion and in this proceeding, as well as the Report and applicable legal authorities, the Court concludes that the findings, reasoning, and legal support for the recommendations made in Report are warranted. Accordingly, for substantially the reasons set forth in the Report the Court adopts the Report's recommendations in their entirety.
For the reasons discussed above, it is hereby
ORDERED that the Report and Recommendation of Magistrate Judge James C. Francis dated June 6, 2007 (Docket No. 144) is adopted in its entirety, and the motions of defendants Ricardo Castaneda, Steven Ciric, William Roman, Project HELP, and the City of New York for summary judgment (Docket Nos. 119 and 126) are GRANTED.
The Clerk of Court is directed to close this case.
SO ORDERED.
REPORT AND RECOMMENDATION
The plaintiff, Shirley Ann Fisk, brings this action under 42 U.S.C. § 1983, alleging various constitutional violations arising from her involuntary psychiatric commitment at Bellevue Hospital ("Bellevue") in 2002. She has also filed pendent state law claims. Defendants Dr. Ricardo Castaneda, Dr. Steven Ciric, Dr. William Roman, and the City of New York (collectively, the "City defendants") have moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Defendant Project Help-EA1 has also moved for summary judgment.2 For the reasons set forth below, I recommend that the motions be granted.
New York's Mental Hygiene Law permits a Director of Community Services to transport a person to a hospital for involuntary admission if the Director finds that the person "has a mental illness for which immediate inpatient care and treatment ... is appropriate and which is likely to result in serious harm to himself or herself or others." N.Y. Mental Hygiene Law ("MHL") § 9.37(a), (d). Upon arrival at the hospital, a staff physician must confirm the need, for involuntary hospitalization before the patient may be admitted. MHL § 9.37(a). "Such patient may not be involuntarily retained beyond seventy-two hours unless an additional staff physician certifies the need for retention." Project Release v. Prevost, 722 F.2d 960, 967 (2d Cir.1983) (citing MHL § 9.37(a)).
The patient must be given a statement of her status and her rights at the time of admission, and the mental hygiene legal service must be notified. MHL § 9.39(a). Upon request, a hearing must be held within five days of the patient's admission to determine whether there is reasonable cause to believe that the patient meets the criteria set forth above. .MHL § 9.39(a). Even if a judge finds that the patient was properly admitted against her will, the patient cannot be committed on an emergency basis under § 9.39 far more than 15 days. MHL § 9.39(a).
A patient may be required to remain in the hospital for more than fifteen days only if two examining physicians certify that the patient continues to be in need of involuntary care. MHL §§ 9.27(a), 9.39(b). "In need of involuntary care" means (1) that the patient has a mental illness for which care and treatment as a patient in a hospital is essential to her welfare and (2) that the patient's judgment is so impaired that she is unable to understand the need for such care and treatment. MHL § 9.01. Consistent with the requirements of due process, although it is not expressly required by statute, the examining physicians must further certify that the patient poses a "real and present threat of substantial harm to herself or others." Matter of Stefano, 140 Misc.2d 801, 803-05, 531 N.Y.S.2d 212, 214-15 (N.Y.Sup.Ct.1988).
"An individual admitted [pursuant to medical certification] may be retained without court authorization for up to sixty days." Project Release, 722 F.2d at 967 (citing MHL § 9.33). At any time prior to the expiration of those sixty days, an involuntarily committed person may request a hearing "on the question of need for involuntary care and treatment.", MHL § 9.31(a). The hearing must be held...
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