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United States Second Circuit


Morrison v. New York, 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.

Appellate Information

  • Argued 04/07/2009
  • Decided 01/11/2010
  • Published 01/11/2010

Judges

  • LEVAL, Circuit Judge:, Before JACOBS, Chief Judge, WALKER, and LEVAL, Circuit Judges.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Leo Glickman, Stoll, Glickman & Bellina, LLP, Brooklyn, NY, for Appellant.

  • For Appellees:
  • Alan G. Krams, New York, N.Y. (Kristin M. Helmers and Elizabeth A. Wells, on the brief), for Michael A. Cardozo, Corporation Counsel of the City of New York, for Appellees.
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