In a 42 U.S.C. section 1983 action based on plaintiff's detention at a hospital based on a finding by hospital staff that there was reasonable cause to believe she suffered from a mental illness rendering her dangerous to herself or others, dismissal of the action based on the Rooker-Feldman doctrine is vacated and remanded where Rooker-Feldman is inapplicable as the suit challenges decisions made by hospital personnel which were not compelled by a family court order.
Read Morrison v. New York, No. 08-1226
Appellate Information
Argued: April 7, 2009
Decided: January 11, 2010
Judges
Opinion by Judge Leval
Counsel
For Appellant:
Leo Glickman, Stoll, Glickman & Bellina, LLP, Brooklyn, NY
For Appellees:
Alan G. Krams and Kristin M. Helmers, Corporation Counsel of the City of New York, New York, NY
