U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

Morrison v. New York, No. 08-1226

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


Opinion by Judge Leval


For Appellant:

Leo Glickman, Stoll, Glickman & Bellina, LLP, Brooklyn, NY

For Appellees:

Alan G. Krams and Kristin M. HelmersCorporation Counsel of the City of New York, New York, NY