Bolmer v. Oliveira, No. 08-4113 - U.S. Second Circuit
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Bolmer v. Oliveira, No. 08-4113

In a 42 U.S.C. section 1983 action based on plaintiff's involuntary commitment, denial of summary judgment for defendant is affirmed where: 1) the medical-standards test set forth in Rodriguez v. City of New York, 72 F.3d 1051 (2d Cir. 1995), for determining whether an involuntary commitment violates substantive due process, was not inconsistent with County of Sacramento v. Lewis, 523 U.S. 833 (1998); and 2) denying defendant-county summary judgment based on sovereign immunity did not require a showing that it acted with discriminatory animus or ill will toward plaintiff.

Read Bolmer v. Oliveira, No. 08-4113

Appellate Information

Argued: November 13, 2009

Decided: February 8, 2010

Judges

Opinion by Judge McLaughlin

Counsel

For Appellant:

Emily V. Melendez, Assistant Attorney General, Attorney General of the State of Connecticut, Hartford, CT

For Appellee:

William Brooks, Touro Law Center, Central Islip, NY

Nancy B. Alisberg, Office of Protection & Advocacy for Persons with Disabilities, Hartford, CT