Valentine v. Strange, Civ. A. No. 84-1037-A.
| Decision Date | 30 November 1984 |
| Docket Number | Civ. A. No. 84-1037-A. |
| Citation | 597 F. Supp. 1316,9 MPDLR 127 |
| Court | U.S. District Court — Eastern District of Virginia |
| Parties | Victoria VALENTINE v. Robert STRANGE, M.D., Superintendent, N.VA.Mental Health Inst., Paul Mardelli, M.D., N.VA.M.H.I., Barbara Foglia, N.VA.M.H.I., Nora Collins, N.VA.M. H.I., Vernon Pettus, N.VA.M.H.I., Regina Sharber, N.VA.M.H.I., Barbara Ashton, N.VA.M.H.I., Robert Murphy, N.VA.M.H.I. |
Victor M. Glasberg, Alexandria, Va., for plaintiff.
Gerald R. Walsh, Jacquelyn K. Boyden, Miles & Stockbridge, Fairfax, Va., for Strange, Mardelli, Foglia and Collins.
Jane D. Hickey, Asst. Atty. Gen., Richmond, Va., for Pettus, Ashton and Murphy.
This matter comes before the Court on defendants' motion under Rule 12(b)(6) to dismiss Count 1 of the plaintiff's complaint for failure to state a cause of action. In considering the defendants' motion, the Court must accept the plaintiff's allegations set out in the complaint as true. Hospital Building Co. v. Trustees of the Rex Hospital, 425 U.S. 738, 96 S.Ct. 1848, 48 L.Ed.2d 338 (1976).
FACTS: This is a civil action for damages brought against state officials pursuant to 42 U.S.C. § 1983. On August 14, 1981, plaintiff Victoria Valentine was admitted to a private psychiatric hospital in Virginia. At the time of her entrance to that facility, Valentine was suffering from disturbed thought patterns, and she was diagnosed as having a "schizopheniform" disorder. While hospitalized, plaintiff attempted to burn her face with a lit cigarette on three occasions. After the first occasion, plaintiff's cigarettes and lighter were taken from her, and she was permitted to smoke cigarettes only in the presence of an attendant; she was also provided medications and closely observed.
On September 12, 1981, a commitment hearing was held pursuant to Virginia law, and the judge ordered plaintiff's involuntary commitment to Northern Virginia Mental Health Institute (NVMHI), finding that plaintiff presented an imminent danger to herself as a result of her illness. Plaintiff was committed to NVMHI immediately after the hearing on September 12, and NVMHI received a copy of her commitment papers and a copy of her psychiatric report clearly outlining the recent burning incidents upon her arrival.
Although the health care providers at NVMHI were aware of the danger which Valentine posed to herself, Valentine was still allowed to possess her cigarettes and lighter. Two days later, on September 14, plaintiff, in the presence of hospital personnel, attempted to burn herself by setting fire to her blouse with her own lighter. While her attempt was unsuccessful, the incident was recorded in Valentine's medical records. Despite this attempt, however, the defendant health care providers took no steps to prevent the recurrence of such an incident, and plaintiff was even permitted to keep her cigarettes and lighter.
Later on the evening of the 14th, the hospital staff began to notice that plaintiff was behaving irrationally. Valentine voiced concern for her own safety and asked the staff to "watch her room." Despite her pleas and behavior, however, defendants failed to take any precautions. At approximately 6:00 a.m. the next morning, plaintiff entered an unauthorized area and set fire to her clothing with her own lighter. The fire was put out by hospital staff, but plaintiff suffered third-degree burns over 35% of her body. Plaintiff subsequently filed this action against various hospital personnel, alleging a violation of her constitutional rights in Count 1 and medical malpractice in Count 2. Defendants have moved to dismiss Count 1 for failure to state a cause of action under 42 U.S.C. § 1983.
DISCUSSION: In support of her § 1983 claim, plaintiff relies totally on the Supreme Court's decision in Youngberg v. Romeo, 457 U.S. 307, 102 S.Ct. 2452, 73 L.Ed.2d 28 (1982). In that case, the Supreme Court considered the § 1983 claim of an involuntarily committed mental patient at a Pennsylvania state institution. In the course of his confinement, the plaintiff in Youngberg suffered a variety of injuries at his own hand and at the hands of others. Noting that the right to personal security constitutes an "historic liberty interest," the Court, drawing an analogy to the Eighth Amendment right of prisoners to safe conditions, stated that "it must be unconstitutional to confine the involuntarily committed ... in unsafe conditions." 457 U.S. at 315-316, 102 S.Ct. at 2457-2458.
While recognizing...
To continue reading
Request your trial
-
Messier v. Southbury Training School
...will prevail, for example, when state actors "simply failed to exercise any professional judgment." See, e.g., Valentine v. Strange, 597 F.Supp. 1316, 1318 (D.C.Va.1984) (declining to dismiss complaint by patient who set fire to herself after hospital officials took no action to confiscate ......
-
Danese v. Asman
...negligence, the defendants' conduct certainly cannot be construed as professionally acceptable judgment. See, e.g., Valentine v. Strange, 597 F.Supp. 1316 (E.D.Virginia 1984). Accordingly, plaintiffs' complaint also adequately states a claim under the personal security analysis in B. Asman,......
-
Conte v. Department of Navy
...307, 102 S.Ct. 2452, 73 L.Ed.2d 28 (1982); Ingraham v. Wright, 430 U.S. 651, 97 S.Ct. 1401, 51 L.Ed.2d 711 (1977); Valentine v. Strange, 597 F.Supp. 1316 (E.D. Va.1984)). According to plaintiff, his right to personal security and safety "precludes the Department of the Navy from forcing him......
-
The Constitutional Right to Community Services
...assure safety. Youngberg, 457 U.S. at 315-16. 119. Mat321. 120. Id. 121. Messier, 562 F. Supp. 2d at 300 (citing Valentine v. Strange, 597 F. Supp. 1316, 1318 (E.D. Va. 1984) (declining to dismiss complaint by patient who set fire to herself after hospital officials took no action to confis......