Myers v. Patterson
2016 U.S. App. LEXIS 6543
2d Cir.2016Background
- In June–August 2008 CPS investigated reports that Julia Johnson was acting oddly; notes recorded interactions with CPS and Johnson’s son DJM and father Eddie Myers.
- CPS caseworker Jodi Weitzman and Officers Patterson and Barrett attended Johnson’s home on August 20, 2008; CPS notes describe Johnson as “annoyed,” “very uncooperative,” and “irrational.”
- According to the CPS notes, Patterson and Weitzman “agreed that [Johnson] should be sent for a psych eval as her behavior was irrational,” and paramedics transported Johnson involuntarily to Nassau University Medical Center.
- Johnson sued under 42 U.S.C. § 1983 alleging false arrest/illegal seizure (Fourth Amendment) against P.O. Patterson; the district court granted Patterson qualified immunity on summary judgment.
- The Second Circuit vacated and remanded, holding the record too sparse to determine whether Patterson had (a) arguable probable cause to seize Johnson based on his own observations or (b) reasonably relied on Weitzman’s professional judgment.
- Court emphasized the need for more developed record (including Patterson’s own statement and the factual basis for any reliance on Weitzman) before resolving qualified immunity; remanded for expansion of the record and reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Patterson is entitled to qualified immunity for seizing and hospitalizing Johnson | Johnson: seizure was objectively unreasonable and violated Fourth Amendment; no probable cause | Patterson: had arguable probable cause based on observations and/or reasonable reliance on CPS caseworker | Vacated district court’s grant of qualified immunity; remanded because record lacks facts to assess arguable probable cause or reasonable reliance |
| Whether Johnson’s refusal to allow CPS to interview DJM justified a mental-health seizure | Refusal alone did not create risk of violent physical harm to justify detention | Refusal plus observed uncooperativeness/irrationality supported concern for child’s safety | Court: refusal/uncooperativeness in CPS notes insufficient on current record to establish arguable probable cause |
| Whether reliance on Weitzman can shield officer under qualified immunity | Johnson: officer must have independent reasonable basis, cannot simply rely on unsubstantiated CPS notes | Patterson: entitled to rely on Weitzman’s professional judgment; reasonable to follow her directive | Court: reasonable reliance could support immunity, but record must show what Weitzman communicated and whether a reasonable officer could rely on it |
| Whether post-admission findings (diagnosis, later proceedings) resolve qualified immunity | Johnson: later hospital findings confirm seizure was unreasonable | Patterson: later findings irrelevant to the reasonableness of the initial seizure | Court: subsequent diagnosis/Family Court outcome do not justify ex post facto immunity; focus is on information available at time of seizure |
Key Cases Cited
- Kerman v. City of New York, 261 F.3d 229 (2d Cir. 2001) (review of officers’ specific observations required to evaluate mental‑health seizure and qualified immunity)
- Rodriguez v. City of New York, 72 F.3d 1051 (2d Cir. 1995) (constitutional limits on involuntary confinement of mentally ill persons not dangerous to themselves or others)
- O’Connor v. Donaldson, 422 U.S. 563 (1975) (no constitutional basis for involuntary confinement of non-dangerous mentally ill persons)
- Harlow v. Fitzgerald, 457 U.S. 800 (1982) (qualified immunity standard for state actors)
- Lennon v. Miller, 66 F.3d 416 (2d Cir. 1995) (objective reasonableness test for qualified immunity)
- Escalera v. Lunn, 361 F.3d 737 (2d Cir. 2004) (definition of arguable probable cause)
- Garcia v. Does, 779 F.3d 84 (2d Cir. 2014) (qualified immunity protects officers with arguable probable cause)