Noyes v. Moyer

• Decision Date: 09 August 1993
• Docket Number: No. C-92-203-L.,C-92-203-L.
• Citation: 829 F. Supp. 9
• Parties: Terry and Bonnie NOYES v. Michael MOYER, et al.
• Court: U.S. District Court — District of New Hampshire

829 F. Supp. 9

Terry and Bonnie NOYES v. Michael MOYER, et al.

No. C-92-203-L.

United States District Court, D. New Hampshire.

August 9, 1993.

David H. Bownes, A. Gerard O'Neil, Laconia, NH, for plaintiff.

Wayne C. Beyer, Matthew Cairns, Susan Y. Min, Atty. General's Office, Concord, NH, for defendants.

ORDER

LOUGHLIN, Senior District Judge.

Before the court is State defendants', New Hampshire Hospital, Robert M. Vidaver, M.D., James Reinhard, M.D., and Dr. Paul Gorman, Motion to Dismiss pursuant to Fed. R.Civ.P. 12(b)(6).

Facts

Plaintiff Terry Noyes suffers from a schizoid affective disorder and takes antipsychotic medications to control his condition. On November 4, 1990, Mr. Noyes allegedly began to experience an increase in his psychological difficulties due to a cessation of his medication. Plaintiff Bonnie Noyes, the wife and legal guardian of Terry Noyes, took her husband to the emergency room of the Lakes Region General Hospital where a preliminary evaluation was conducted and the decision made that Mr. Noyes should be admitted to New Hampshire Hospital (hereinafter N.H. Hospital) through the voluntary procedure by guardian, N.H.REV.STAT.ANN. § 464-A:25 (hereinafter RSA). The treating physician then sought transportation for plaintiff to N.H. Hospital. Lieutenant Oetinger of the Laconia Police Department allegedly refused to transport Terry Noyes because his admission had not been arranged pursuant to RSA § 135-C:20 et seq. N.H. Hospital allegedly refused to transport or admit the plaintiff because hospital policy allegedly did not permit voluntary admissions on weekends.

Mr. Noyes thereafter left the Lakes Region Hospital and walked to the Laconia Police Station seeking help and transportation to the N.H. Hospital. Plaintiff's requests were denied by the Laconia Police and Mr. Noyes left and returned home. Upon his arrival home, plaintiff Bonnie Noyes allegedly noted physical injuries to her husband and an increased level of agitation. Throughout that evening Terry Noyes' emotional state deteriorated causing distress to plaintiff Bonnie Noyes.

Because of her husband's condition plaintiff Bonnie Noyes phoned the Lakes Region Hospital and was told to bring her husband to the emergency room to begin the process of involuntary admission to the New Hampshire Hospital. Terry Noyes refused to accompany his wife to the hospital. The hospital was informed of this and contacted the Laconia Police Department informing them of Mr. Noyes' condition and his refusal to accompany his wife to the hospital. Members of the Laconia Police Department thereafter appeared at the Noyes' home and upon being confronted by Lieutenant Michael Moyer and Detective David Gunter Terry Noyes became frightened and confused and left the premises in an alleged attempt to avoid confrontation.

Upon Terry Noyes' exit from the premises, Lieutenant Moyer followed him outside and allegedly tackled him in the front yard and a struggle ensued. Detective Gunter then allegedly joined Lieutenant Moyer and both allegedly used excessive and unreasonable force upon plaintiff thereby inflicting physical injury. Plaintiffs allege that both officers struck and kicked Terry Noyes while he was on the ground resulting in a fracture to his left leg and other bodily injury. Plaintiffs allege that defendant Officer Jaran arrived at the scene and began to physically assault Mr. Noyes.

After being restrained, plaintiffs allege that the officers pulled down Terry Noyes' pants and dragged him to the police van. Throughout this entire episode Terry Noyes allegedly complained of severe pain in his left leg but the officers nevertheless made him stand on his fractured leg.

Mr. Noyes was then transported to the Laconia Police Department and allegedly remained in the back of the police vehicle for an hour despite complaints relating to his leg and requests for medical help. An unidentified physician arrived at the Laconia Police Department and conducted an interview with Mr. Noyes through a small window of the police vehicle, but Mr. Noyes allegedly received no medical treatment at that time.

About one hour after being taken from his residence Mr. Noyes was released into the custody of Daniel Collis of the Belknap County Sheriff's Office and approximately one hour later was charged with criminal conduct and released on bail. Mr. Noyes was then transported to the New Hampshire Hospital in Concord for an involuntary emergency admission. He was thereafter taken to Concord Hospital where he was treated for an acute fracture of his left tibia and fibula which plaintiffs allege was the direct result of the actions of the defendants. Mr. Noyes underwent surgery on the fracture site and remained hospitalized for a period of seven to ten days.

On November 5, 1990 Mr. Noyes was committed to the N.H. Hospital pursuant to the guardian provision of RSA § 464-A:25. Although N.H. Hospital was notified of the potential for infection to Mr. Noyes' leg he subsequently developed such infection and was transferred back to Concord Hospital for emergency treatment. Plaintiffs allege the infection was the direct result of New Hampshire Hospital's failure to monitor and treat plaintiff's injuries.

Plaintiffs claim that the actions of the defendants jointly and severally deprived Terry Noyes of his rights, privileges and immunities secured him by the Fourth, Eighth and Fourteenth Amendments to the United States Constitution, caused him great pain and suffering and emotional distress and permanent loss of the full use of his left leg.

Plaintiffs' original complaint was against the N.H. Hospital and its employees in their official capacities pursuant to 42 U.S.C. § 1983. The court dismissed these claims. See Doc. 13. On March 16, 1993, plaintiffs filed an amended complaint to name the following defendants of N.H. Hospital in their individual capacities: defendant Robert M. Vidaver, M.D., Medical Director of N.H. Hospital, defendant James Reinhard, M.D., the physician in charge on November 4, 1990 at the N.H. Hospital and defendant Dr. Paul Gorman, an employee of N.H. Hospital. The amended complaint states that the defendant N.H. Hospital and the above named doctors had a statutory and constitutional duty to 1) prevent mentally ill persons from harming themselves or others; 2) insure that any individual eligible for treatment not be deprived of any legal right to which all citizens are entitled; and, 3) prevent discrimination in any manner because of race, color, sex, religion, national origin, age, disability, or degree of disability. See Doc. 20 (emphasis in original).

Defendants presently move to dismiss all claims against them claiming that they did not violate plaintiff Terry Noyes' rights under the Fourteenth Amendment to the United States Constitution and 42 U.S.C. § 1983 by failing to admit him as a voluntary admission on November 4, 1990; that even if the defendants did violate plaintiff's constitutional rights defendants enjoy qualified, sovereign and official immunity and are therefore not liable under 42 U.S.C. § 1983. The court will address each of these contentions in turn.

Discussion

A motion to dismiss pursuant to Fed. R.Civ.P. 12(b)(6) is one of limited inquiry, focusing not on "whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims". Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 1686, 40 L.Ed.2d 90 (1974). Accordingly, the court must take the factual averments contained in the complaint as true, "indulging every reasonable inference helpful to the plaintiff's cause". Garita Hotel Ltd. Partnership v. Ponce Federal Bank, F.S.B., 958 F.2d 15, 17 (1st Cir.1992); See also Dartmouth Review v. Dartmouth College, 889 F.2d 13, 16 (1st Cir.1989). In the end, the court may grant a motion to dismiss under Rule 12(b)(6) "only if it clearly appears, according to the facts alleged, that the plaintiff cannot recover on any viable theory". Garita, 958 F.2d at 17 (quoting Correa-Martinez v. Arrillaga-Belendez, 903 F.2d 49, 52 (1st Cir.1990)).

Due Process

Plaintiffs contend that by failing to admit the plaintiff Terry Noyes as a voluntary admission by guardian on November 4, 1990, defendants thereby violated plaintiff's rights under the Due Process Clause of the Fourteenth Amendment to the United States Constitution. For the following reasons the court disagrees.

Generally speaking, "a State is under no constitutional duty to provide substantive services for those within its borders ... However, when a person is institutionalized-and wholly dependent on the State- ... a duty to provide certain services does exist ..." Youngberg v. Romeo, 457 U.S. 307, 317, 102 S.Ct. 2452, 2459, 73 L.Ed.2d 28 (1982). "The substantive component of the Fourteenth Amendment's Due Process Clause requires the State to provide involuntarily committed mental patients with such services as are necessary to ensure their `reasonable safety' from themselves and others". DeShaney v. Winnebago County Dept. of Social Services, 489 U.S. 189, 199, 109 S.Ct. 998, 1005, 103 L.Ed.2d 249 (1989) (citing Youngberg, supra, 457 U.S. at 314-325, 102 S.Ct. at 2457-2463). The Youngberg court reasoned that "if it is cruel and unusual punishment to hold convicted criminals in unsafe conditions, it must be unconstitutional under the Due Process Clause to confine the involuntarily committed — who may not be punished at all — in unsafe conditions". Youngberg at 315-316, 102 S.Ct. at 2458. The only time during which the Constitution imposes upon a State the duty to assume responsibility for a person's safety and general well-being is when that person is in the State's custody and is held there against his will. DeShaney, 489 U.S. at 199-200, 109 S.Ct. at 1005-1006; Monahan v. Dorchester Counseling Center, Inc., 961 F.2d 987 (1st Cir.1992). The state's duty to protect

arises not from the State's knowledge of the individual's predicament or from

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