Hoffman v. County of Delaware
| Decision Date | 12 March 1999 |
| Docket Number | No. 97-CV-1009.,97-CV-1009. |
| Citation | 41 F.Supp.2d 195 |
| Parties | Edward F. HOFFMAN, Jr., Plaintiff, v. COUNTY OF DELAWARE, Michael Talarico, Mark Hamilton, William R. Moon, and Craig Whitten, Defendants. |
| Court | U.S. District Court — Northern District of New York |
Office of Thomas P. Halley, Poughkeepsie NY, for plaintiff.
Ferrara, Fiorenza Law Firm, East Syracuse NY, for defendants County of Delaware, Mark Hamilton, and William Moon.
Office of the Attorney General, The Capitol Litigation Bureau, Albany NY, for defendant Talarico.
Hogan, Sarzynski Law Firm, Binghamton NY, for defendant Whitten, Michael G. Surowka, Senta B. Siuda, AAG, Frank W. Miller, Thomas P. Halley, of counsel.
The instant litigation arises out of Plaintiff Edward Hoffman's ("Hoffman") removal to and detention in a hospital pursuant to Article 9 of the New York State Mental Hygiene Law. Hoffman asserts federal claims pursuant to 42 U.S.C. § 1983 and state law claims for false imprisonment, negligence, malpractice, and intentional infliction of emotional distress. Defendants County of Delaware (the "County"), Michael Talarico ("Talarico"), Mark Hamilton ("Hamilton"), William Moon ("Moon") and Craig Whitten ("Whitten") (collectively, the "defendants") now move for summary judgment pursuant to FED.R.CIV.P. 56 seeking dismissal of the Complaint in its entirety.1
Because this is a motion for summary judgment by the defendants, the following facts are presented in the light most favorable to Hoffman. See Ertman v. United States, 165 F.3d 204, 206 (2d Cir.1999).
Hoffman was a police officer for the Village of Sidney (the "Village") Police Department. On January 8, 1995, Hoffman responded to a call that a child had stopped breathing. In an effort to reach the scene, Hoffman activated his siren and light bar and pulled into the oncoming traffic lane to pass a slower moving vehicle. As he did so, another vehicle came over the crest of a hill and had to steer off of the road to avoid a head-on collision with Hoffman. Hoffman also lost control of his vehicle and crashed into a "no parking" sign. Although the collision shattered his windshield and limited his visibility, Hoffman proceeded to the scene of the emergency.
Disciplinary charges were filed against Hoffman as a result of this incident. After a hearing, the hearing officer found that Hoffman: (1) drove a police vehicle in an improper, unsafe, reckless, careless, or negligent manner; (2) endangered the safety and welfare of himself and others; (3) damaged a police vehicle; and (4) failed to follow proper police department rules or regulations. Although the hearing officer recommended that Hoffman be terminated, the Village opted to suspend him for ninety days without pay.
Hoffman filed a petition pursuant to N.Y.C.P.L.R. Art. 78 challenging the determination of the hearing officer. Both that determination and his suspension were upheld by the Tompkins County Supreme Court and the Appellate Division, Third Department. See Hoffman v. Village of Sidney, 235 A.D.2d 698, 652 N.Y.S.2d 346 (3d Dep't 1997).
On September 9, 1995, Hoffman informed his superiors that he was experiencing pain in his left knee and hip areas. As a result, Hoffman was disabled from work and sought Workers' Compensation benefits and benefits under N.Y.GEN.MUN. LAW 207-c. After the Village denied and/or discontinued benefits to Hoffman, a series of disputes arose between Hoffman and the Village of Sidney regarding these benefits.
On June 28, 1996, Officer J.R. Blot ("Blot") entered the Sidetrack Lounge in Sidney, New York. Hoffman also was at the Sidetrack Lounge, and he and Blot engaged in conversation. Hoffman told Blot that he was experiencing continued problems at work and that he was still out on disability. Hoffman stated that certain persons in high positions had engaged in illegal drug activities in and around the Village of Sidney. Hoffman insisted that he was aware of these illegal activities and that the people involved were "out to get him" and had instituted a course of harassment against him. In fact, Hoffman attributed his difficulties in obtaining benefits to his knowledge of the alleged unlawful activities. Hoffman apparently told Blot that the former Commissioner of Police, Charles Bessett ("Bessett"), attempted to break into his apartment to steal and/or plant evidence. Hoffman indicated that if Bessett or anyone else ever attempted to enter his apartment, they would be greeted with a shotgun.
Hoffman asserted that Investigators Charles and Chandler, Assistant District Attorney Davis, and Bessett were involved in these unlawful drug activities. Hoffman believed that Whitten, although not directly involved in the drug activity, refused to take any action. Hoffman apparently stated that he would like to meet up with "these guys" in a men's room, that he would use physical force upon them, and that the coroner might need to be called. Hoffman insists, however, that he only stated that he would like to "punch them out." Hoffman believed these individuals had systematically destroyed his life over a fifteen year period.
Blot became concerned that Hoffman was overly consumed with this alleged conspiracy against him. He also noted that Hoffman had been drinking excessively and that he maintained numerous firearms in his apartment. Blot, therefore, contacted Whitten and the Delaware County Department of Social Services Crisis Intervention Officer/Part-Time Deputy Sheriff, Mark A. Hamilton. Hamilton discussed the matter with Defendants Commissioner of the Delaware County Department of Social Services William R. Moon and County Psychiatrist Dr. Michael Talarico.
Based on the discussion with Blot, Talarico and Moon advised that further investigation was warranted. Thus, Hamilton and Officer J.J. Bowie ("Bowie") were sent to assess Hoffman's mental health. Hamilton met with Hoffman at the Community Lounge, a bar located in the same building in which Hoffman resided. Hamilton told Hoffman about his conversation with Blot and that he was performing an assessment pursuant to N.Y. MENTAL HYG. LAW § 9.41.2 He also offered Hoffman mental health and/or social services to assist him in resolving his anger, frustration, and hostility.
Hoffman denied having an alcohol problem, but did not deny making threats against or expressing hostility towards certain Village officials. Hoffman reiterated his belief that his troubles with the Village stemmed from an incident in 1987 involving Deputy Gritman, Investigator Charles, Assistant District Attorney Davis and former Police Commissioner Bessett. At one point in time during the conversation, Bowie reached into his shirt pocket to retrieve a cellular phone. In response, Hoffman got very excited, exhibited a certain degree of nervousness or paranoia, and questioned whether Hamilton and Blot were recording their conversation. Hoffman was quieted after being reassured that the device was only a cellular telephone.
According to Hamilton:
it became apparent that Mr. Hoffman believes that whatever occurred in 1987 has dramatically, through a conspiracy of all the aforementioned persons, directly influenced the direction of his police career and created the conflict that he is now embroiled in with ... the Village. Mr. Hoffman indicated that he spends time in writing up notes and making voluminous records on his present and past conflicts associated with this conspiracy and his present job difficulty. Hoffman declined to accept any mental health or social services.
See Uniform Investigative Report annexed to the Dec. 1, 1998 aff. of Frank Miller as Ex. 23. Hamilton thereafter contacted all concerned parties and warned them of Hoffman's threats.
Based upon the information provided by Hamilton and Blot, on July 18, 1996 at approximately 10:00 a.m., Talarico issued a "pick-up order" pursuant to N.Y. MENTAL HYG.LAW § 9.45.3 Defendant William Masters, a Supervising Social Worker for Delaware County, and Talarico, also wrote a report supporting the issuance of the pickup order. The report indicated that Hoffman appears:
obsessionally fixated and dwells upon his report of a conspiracy originating in 1987, ... sees himself persecuted by the Village, ... is thought to be a serious abuser of alcohol, if not alcohol dependent, ... is known to have collected a substantial arsenal, ... [has] seclud[ed] himself and retreat[ed] from normal interaction with other people, ... does not allow anyone up the stairs to knock on his apartment door, ... [and that] he has spoken to various individuals about obtaining sand bags in which to barricade his room.
The report concluded that "[b]ecause he is seriously angry within the framework of unrealistic delusions, because he feels threatened and may have barricaded his apartment, ... and because he has a drinking problem, the increasing tension between he and his employer and the world in general are seen as meriting a serious evaluation for dangerousness." The pick-up order stated that it was based upon information provided by Hamilton, who was believed to be a police officer with the County Sheriff's Department. Moon also applied to have Hoffman involuntarily admitted to a hospital pursuant to N.Y. MENTAL HYG.LAW § 9.274, although Hoffman was ultimately admitted pursuant to N.Y. MENTAL HYG.LAW § 9.395, or arguably in the alternative, N.Y. MENTAL HYG. LAW § 9.37.6
Later that day, Hoffman was stopped on Interstate 88 by the New York State Police. The State Police contacted the County Sheriff's Office. Hamilton and Blot arrived on the scene and took Hoffman into custody and transported him to the A.O. Fox Memorial Hospital Crisis Center for observation. At the time he was taken into custody, Hoffman had two loaded pistols in the front seat of his car, two long arms in his trunk, and a knife. Thereafter, and as a result of the...
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