Torres v. Faxton St. Lukes Healthcare, 6:16–CV–439 (LEAD)
| Decision Date | 03 January 2017 |
| Docket Number | 6:16–CV–449 (MEMBER),6:16–CV–441 (MEMBER),6:16–CV–439 (LEAD) |
| Citation | 227 F.Supp.3d 216 |
| Parties | Ricco Ray TORRES, Administrator of the Estate of Cindy M. Golden and as Parent and Natural Guardian of A.T., an infant under the age of 10 years, and Joseph Bumbolo, Administrator of the Estate of Michele Bumbolo and Administrator of the Estate of Michael Bumbolo, Consolidated Plaintiffs, v. FAXTON ST. LUKES HEALTHCARE, also known as Mohawk Valley Health System, Lingappa S. Amernath, M.D., John Doe, M.D., (a fictional name more fully described herein), Adirondack Emergency Associates, Karen Brown, C.S.W., Leslie Congdon, R.N., Alonah Spoor, Nursing Assistant/ Care Attendant, Michelle Blanchard, R.N., Securitas Security Services USA, Inc., The City of Utica, New York, The City of Utica, as the operator of The City of Utica Police Department, City of Utica Fire Department Emergency Medical Services, Officer James W. Graeff, Officer Jacob Penree, Officer Dzevad Bajrektarevic, LT. Brian Banser, Officer Serif Seferagic, Officer Maynard Anken, Sgt. John Able, Adrian Irizarry, Brian Devins, and James Roe, a fictional name more fully described herein, Consolidated Defendants. |
| Court | U.S. District Court — Northern District of New York |
OFFICE OF ROBERT F. JULIAN Attorneys for Plaintiffs 2037 Genesee Street Utica, NY 13501, for ROBERT F. JULIAN, ESQ., STEPHANIE A. PALMER, ESQ.
NAPIERSKI, VANDENBURGH LAW FIRM Attorneys for Defendants Faxton St. Luke's Healthcare, Karen Brown, Leslie Congdon, Alonah Spoor, and
Michelle Blanchard 296 Washington Avenue Extension Albany, NY 12203, for CHRISTINE M. NAPIERSKI, ESQ., DIANE LUFKIN SCHILLING, ESQ.
MARTIN, GANOTIS LAW FIRM Attorneys for Defendant Lingappa S. Amernath 5790 Widewaters Parkway Syracuse, NY 13214, for CHRISTIAN T. PAYNE, ESQ., DANIEL P. LARABY, ESQ.
GOLDBERG, SEGALLA LAW FIRM Attorneys for Defendant Securitas Security Services USA, Inc. 5786 Widewaters Parkway Syracuse, NY 13214, for AARON M. SCHIFFRIK, ESQ.
CITY OF UTICA CORPORATION COUNSEL Attorneys for Defendants the City of Utica, New York, Officer James W. Graeff, Officer Jacob Penree, Officer Dzevad Bajrektarevic, Lt. Brian Banser, Officer Serif Seferagic, Officer Maynard Anken, and Sgt. John Able 1 Kennedy Plaza, 2nd Floor Utica, NY 13502, for ZACHARY C. OREN, ESQ.
PETRONE, PETRONE LAW FIRM Attorneys for Defendants City of Utica Fire Department Emergency Medical Services, Adrian Irizarry, and Brian Devins 1624 Genesee Street Utica, NY 13502, for MARK O. CHIECO, ESQ.
TABLE OF CONTENTS
B. Causes of Action. ... 226
C. Motions. ... 227
C. Security Defendants. ... 247
IV. CONCLUSION... 248
In the early afternoon hours of January 6, 2015, police responded to a report that tw o men were fighting on the porch of the Bumbolo family home. When officers arrived at the scene, they observed Paul Bumbolo ("Paul") acting strangely and learned that he suffered from a mental illness. Family members also explained to police that Paul had becom e increasingly violent over the course of the day, first harming the family's dog before attacking his aunt and beating up his uncle. During these interviews with the family, Paul attacked his uncle again and officers were forced to physically separate the two of them. The police detained Paul and directed other first responders to transport him to a local hospital for a mental health evaluation, where he continued to behave erratically for several hours before being discharged later that evening. Paul then returned home, where he violently murdered his sister Cindy Golden ("Cindy"), his uncle Michael Bumbolo ("Michael"), and his aunt and adoptive mother Michele Bumbolo ("Michele").
In early April 2016, plaintiff Rico Ray Torres ("Torres"), administrator of Cindy's estate and the parent of her infant daughter, and plaintiff Joseph Bumbolo ("Joseph"), administrator of the estates of Michele and Michael, initially filed these three lawsuits in Oneida County Supreme Court seeking damages from the police, first responders, and medical professionals involved in the events leading up to Paul's violent crimes.
On April 18, 2016, the police and first responders removed all three cases to federal court on the basis of federal-question jurisdiction. Although each pleading filed by Torres and Joseph (collectively "plaintiffs") runs to over one hundred pages, asserts twenty causes of action, and names twenty-two defendants, the factual allegations in each complaint are largely indistinguishable from each other and therefore the cases have been consolidated under Federal Rule of Civil Procedure ("Rule") 42(a).
Broadly speaking, the named defendants fall into three categories: (1) the municipal defendants who first came into contact with Paul (2) the medical defendants who were later responsible for Paul's evaluation and discharge; and (3) the security defendants contractually responsible for providing security services at the hospital's ER.
The municipal defendants include the City of Utica (the "City"), the City's Police Department ("UPD"), and seven UPD members: James W. Graeff ("Officer Graeff"), Jacob Penree ("Officer Penree"), Dzevad Bajrektarevic ("Officer Bajrektarevic"), Brian Banser ("Lieutenant Banser"), Serif Seferagic ("Officer Seferagic"), Maynard Anken ("Officer Anken"), and John Able ("Sergeant Able") (collectively the "police defendants").
The municipal defendants also include the City Fire Department's division of Emergency Medical Services ("EMS"), EMS Technician Adrian Irizzary ("Tech Irizzary"), and EMS Technician Brian Devins ("Tech Devins") (collectively the "EMS defendants").
The medical defendants include Faxton St. Luke's Healthcare System (the "hospital"), Certified Social Worker Karen Brown ("CSW Brown"), Registered Nurse Michele Blanchard ("RN Blanchard"), Registered Nurse Leslie Congdon ("RN Congdon"), and Nursing Assistant Alonah Spoor ("Assistant Spoor") (collectively the "hospital defendants").
The medical defendants also include Adirondack Emergency Associates ("Adirondack"), the physician's practice group that contracted with the hospital to provide the services of Lingappa Amernath, M.D. ("Dr. Amernath") and a John Doe, M.D. ("Dr. Doe") present in the emergency room ("ER") on the night in question (collectively the "physician defendants").
Finally, the security defendants include Securitas Security Services USA, Inc., the hospital's security services contractor, and its unidentified employee James Roe ("Security Guard Roe") (collectively the "security defendants").
The first sixteen causes of action set forth in these complaints assert state law claims for negligence, medical malpractice, wrongful death, and conscious pain and suffering against the medical and security defendants. The final four causes of action in each pleading assert state law claims for negligence as well as claims under 42 U.S.C. § 1983 for violations of substantive due process against the municipal defendants.
The police, EMS, hospital, and security defendants as well as Dr. Amernath (collectively "defendants") have each filed pre-answer motions seeking dismissal pursuant to Rule 12(b)(6). The hospital defendants have also moved under Rule 12(b)(7) seeking dismissal on the alternative ground that plaintiffs have failed to join Paul, whom they claim is a necessary party to these actions.
The motions have been fully briefed and oral argument was heard on December 14, 2016 in Utica, New York. Decision was reserved.
On January 6, 2015, a U.S. postal employee reported to the Utica Police Department that "two males" were "fighting on the porch" at 1908 Whitesboro Street, the address where Paul lived with Michael, Michele, and Cindy. Compl. ¶¶ 27–28, 31–32. The police arrived at the family's apartment at about 1:15 p.m. Id . ¶¶ 28, 31.
According to Officer Penree's later report, Michael explained to the responding officers that Paul had attacked him and dragged him outside onto the porch during a shouting match. See Compl. ¶ 31. Michael further explained that Paul had also attacked, and possibly killed, the family dog by "stomp[ing] on" or "smashing" its head against the floor or wall. Id. ¶ 34. During this interview, Paul attacked Michael again and the officers were forced to separate the two of them. Id. ¶ 31.
In response to Officer Penree's questioning, Paul stated that "Michael had killed his dog and that he was [the] devil." Compl. ¶ 31. Officer Penree's report characterized Paul's behavior and statements—for instance, he "could not remember his name" and repeatedly claimed that he was someone other than himself—as "abnormal." Id. Officer Penree further reported that Paul's aunt Michele had stated to police that her adopted son's behavior was "unusual." Id.
Officer Anken made similar observations in his own report, which stated that Paul "was acting in a strange and bizarre manner," "talking to himself," "staring at the walls," that he "looked sickly," and that he was "unable to converse" with the police officers who were attempting to question him. Compl. ¶ 32. According to Officer Anken, family members also reported that Paul suffered from "a mental health condition" and it was "not known if he had been taking his medication." Id.
Based on...
To continue reading
Request your trial
-
Jackson v. Barden
...has not argued, much less shown, that the Court should imply a private right of action. See also Torres v. Faxton St. Lukes Healthcare, 227 F. Supp. 3d 216, 240 (N.D.N.Y. 2017) ("[A] finding that MHL Article 9 implies a private right of action giving rise to liability appears to be wholly i......