Sawabini v. O'Connor Hospital
3:15-cv-00692
N.D.N.Y.Aug 28, 2017Background
- Plaintiff Lutfallah Sawabini, a longtime pharmacist, applied for a risk-management job at O’Connor Hospital (part of Bassett Healthcare) and was denied; hospital employees reported he made “threatening” statements.
- Bassett employees (McGrath, Southworth, McCarthy, Hodgman) and Dr. Celeste Johns (Director of Community Services designee) became involved; Johns completed a Mental Hygiene Law § 9.45 form and Sawabini was transported to Bassett Hospital for evaluation and released the same day.
- Sawabini alleges the confinement amounted to a false arrest and that various actors (Bassett staff, Dr. Johns, psychologist William Carentz, and DHR officials) conspired or acted improperly; he also filed a DHR discrimination complaint and later sued under § 1983 and Title VII-related theories.
- Procedurally, the Court previously allowed limited § 1983 false-arrest and due-process claims to proceed; the State Defendants moved for judgment on the pleadings and other defendants moved for summary judgment; Sawabini cross-moved for summary judgment.
- Court grants State Defendants’ motion (procedural-due-process claim dismissed), grants Carentz’s summary judgment (no involvement shown), grants summary judgment for Bassett defendants McCarthy, Hodgman, and McGrath (not state actors), but reserves decision as to Southworth (may be a state actor) and denies Sawabini’s cross-motion.
- The Court allowed the Bassett Defendants 14 days to submit further evidence supporting that they had knowledge of violent threats justifying involuntary confinement; Sawabini may respond within 14 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bassett hospital staff acted under color of state law for § 1983 | Sawabini: hospital and staff were sufficiently entwined with state functions/regulation and conspired with a state designee to effect seizure | Bassett: private hospital/staff did not act as state actors; only state actors can be liable under § 1983 | Court: McCarthy, Hodgman, McGrath not state actors; Southworth may be (peace officer) — decision reserved as to him |
| Whether Bassett defendants are entitled to qualified immunity for mental-health seizure/false arrest | Sawabini: seizure was unlawful; no probable cause | Bassett: seizure objectively reasonable; probable cause/qualified immunity applies | Court: on current record defendants have not shown arguable probable cause; qualified immunity not resolved for Southworth — defendants may supplement evidence |
| Whether Carentz participated or acted under color of state law | Sawabini: Carentz conspired while on vacation to have him confined | Carentz: no involvement; acted in private practice, not a state actor | Court: grants Carentz summary judgment — plaintiff produced no admissible evidence of involvement |
| Whether DHR/State Defendants violated procedural due process | Sawabini: DHR mishandled investigation and decision, denying procedural rights | State: DHR procedures / appellate review adequate; claims barred by Eleventh Amendment or procedural defects | Court: grants judgment for State Defendants — any deprivation was random/unauthorized and New York postdeprivation remedies (appellate review) are adequate |
Key Cases Cited
- McGugan v. Aldana-Bernier, 752 F.3d 224 (2d Cir. 2014) (private medical confinement under New York MHL generally not state action)
- Myers v. Patterson, 819 F.3d 625 (2d Cir. 2016) (Fourth Amendment standards for mental-health seizures; review of information known to officers)
- Pearson v. Callahan, 555 U.S. 223 (2009) (qualified immunity framework and discretion in deciding constitutional-violation and clearly-established-law questions)
- Malley v. Briggs, 475 U.S. 335 (1986) (standard on qualified immunity and when an officer can be liable for mistaken probable-cause determinations)
- Kremer v. Chem. Constr. Corp., 456 U.S. 461 (1982) (DHR administrative procedures plus judicial review satisfy due process)