United States Second Circuit

In case involving taking plaintiff, who suffered from ALS, against his will to defendant hospital giving rise to allegations of disability discrimination, civil rights violations, and state torts, summary judgment is vacated as to: 1) ADA claim against defendant city; 2) finding of qualified immunity on plaintiff's Fourth Amendment seizure claim against individual defendant, fire department lieutenant; 3) Fourth Amendment excessive force claim; 4) New York Human Rights Law claim against the city and hospital defendants; 5) assault and battery claims against defendant city.

Appellate Information

• Decided 10/05/2006
• Published 10/06/2006

Judges

• POOLER, Circuit Judge., Before POOLER and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Elisa Barnes, Law Office of Elisa Barnes, New York, NY, for Plaintiffs-Appellants.


• For Appellees:
  
• Scott Shorr, Assistant Corporation Counsel for the City of New York (Michael A. Cardozo, Corporation Counsel, and Ron E. Sternberg, Assistant Corporation Counsel, on the brief), New York, NY, for Defendants-Appellees Paul Giblin and City of New York., Michael P. Kelly, Schiavetti, Corgan, Soscia, DiEdwards & Nicholson, LLP, White Plains, NY, for Defendant-Appellee St. Luke's-Roosevelt Hospital Center.