Capellupo v. Nassau Health Care Corp.

97 A.D.3d 619, 948 N.Y.2d 362
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 11, 2012
StatusPublished
Cited by25 cases

This text of 97 A.D.3d 619 (Capellupo v. Nassau Health Care Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Capellupo v. Nassau Health Care Corp., 97 A.D.3d 619, 948 N.Y.2d 362 (N.Y. Ct. App. 2012).

Opinion

This appeal arises from the plaintiffs involuntary hospitalization on September 13, 2005. The underlying facts of the plaintiffs interaction with Nassau County police officers, and his subsequent transportation and admission to Nassau County University Medical Center for 16 days, are essentially undisputed by the parties.

After his release from confinement, the plaintiff commenced an action (hereinafter the federal action) in the United States District Court for the Eastern District of New York (hereinafter the District Court), against Nassau Health Care Corporation (hereinafter NHCC), the corporate parent of Nassau County University Medical Center, as well as the Nassau County Police Department, the individual police officers who arrested and detained him, and the doctors who treated him. In the federal action, the plaintiff asserted causes of action pursuant to 42 USC § 1983, alleging violations of his Fourth and Fourteenth Amendment rights, as well as state common-law causes of action alleging false arrest, false imprisonment, and intentional infliction of emotional distress. The plaintiff stipulated to voluntarily discontinue the federal action against all of the defendants except NHCC. Thereafter, NHCC moved for summary judg[620]*620ment dismissing the complaint in the federal action insofar as asserted against it. The District Court granted the motion, in part, and dismissed the complaint in its entirety. With regard to the claims arising under federal law, the District Court held that NHCC had not violated the plaintiffs Fourth or Fourteenth Amendment rights, explaining that no reasonable finder of fact could conclude, based on the evidence submitted by NHCC, that NHCC had unlawfully deprived the plaintiff of his constitutional rights. Specifically, the District Court held that the evidence established that the hospital physicians had properly concluded that the plaintiff posed a danger either to himself or to others and, therefore, his involuntary admission into the hospital was warranted. Moreover, the District Court found that the hospital followed the procedural requirements of the Mental Hygiene Law, and that the care and treatment rendered by the doctors were appropriate, medically indicated, and in complete conformity with accepted standards of treatment and care. Accordingly, the plaintiff was neither deprived of his liberty without procedural due process, nor unreasonably seized by virtue of his involuntary commitment. Upon dismissal of the claims arising under federal law, the District Court declined to exercise its supplemental jurisdiction over the state common-law causes of action, and dismissed those causes of action without prejudice.

The plaintiff then commenced this action in the Supreme Court, Nassau County, and asserted, essentially, the same state common-law causes of action previously asserted in the complaint in the federal action, with the addition of a medical malpractice cause of action. As was the case in the federal action, the instant action was voluntarily discontinued insofar as asserted against all of the named defendants other than NHCC, leaving NHCC as the sole remaining defendant.

NHCC answered the complaint in this action, and thereafter moved, inter alia, for summary judgment dismissing the complaint on the ground that the instant action was barred by the doctrine of collateral estoppel. NHCC argued that, in dismissing the complaint in the federal action, the District Court had made certain findings of fact and conclusions of law in NHCC’s favor and since the claims stated in the complaint in the instant action were identical to the claims stated in the complaint in the federal action, the complaint in the instant action should likewise be dismissed.

In an order entered April 25, 2011, the Supreme Court denied those branches of NHCC’s motion which were for summary judgment dismissing the false arrest, false imprisonment, and intentional infliction of emotional distress causes of action, [621]*621concluding that, since those specific causes of action were not previously adjudicated by the District Court, the doctrine of res judicata was inapplicable to those claims. However, the Supreme Court granted those branches of NHCC’s motion which were for summary judgment dismissing the causes of action which alleged that the plaintiff’s involuntary commitment violated the Mental Hygiene Law and that NHCC committed medical malpractice by retaining the plaintiff against his will, concluding that the plaintiff was collaterally estopped from relitigating the issue of the propriety of his involuntary commitment under the Mental Hygiene Law or the appropriateness of the care he received. The Supreme Court held that the District Court had both analyzed whether NHCC’s actions comported with the Mental Hygiene Law and concluded that they had complied with that law’s requirements. The Supreme Court further noted that the District Court had also concluded that the plaintiff failed to raise a triable issue of fact to rebut NHCC’s showing that the care and treatment rendered to the plaintiff comported with generally accepted standards of medical care. Accordingly, the Supreme Court determined that those causes of action were barred by the doctrine of collateral estoppel.

On appeal, NHCC contends that the Supreme Court erred in denying those branches of its motion which were for summary judgment dismissing the causes of action alleging false arrest, false imprisonment, and intentional infliction of emotional distress. NHCC argues that, since the District Court concluded that the plaintiffs involuntary commitment was wholly proper, the plaintiff was collaterally estopped from attempting to relitigate that issue in the context of the state common-law causes of action. We agree and reverse the order insofar as appealed from.

The doctrine of collateral estoppel bars relitigation of an issue which has necessarily been decided in a prior action and is determinative of the issues disputed in the present action, provided that there was a full and fair opportunity to contest the decision now alleged to be controlling (see Tydings v Greenfield, Stein & Senior, LLP, 11 NY3d 195, 199 [2008]; Buechel v Bain, 97 NY2d 295, 303-304 [2001], cert denied 535 US 1096 [2002]; Mahler v Campagna, 60 AD3d 1009, 1011 [2009]; York v Landa, 57 AD3d 980 [2008]). The party seeking the benefit of the doctrine of collateral estoppel must establish that the identical issue was necessarily decided in the prior action and is determinative in the present action (see Buechel v Bain, 97 NY2d at 304). Once the party invoking the doctrine discharges his or her burden in that regard, the party to be [622]*622estopped bears the burden of demonstrating the absence of a full and fair opportunity to contest the prior determination (id.).

In order to prevail on a cause of action seeking to recover damages for false arrest or false imprisonment, the plaintiff must prove that (1) the defendant intended to confine the plaintiff, (2) the plaintiff was conscious of the confinement, (3) the plaintiff did not consent to the confinement, and (4) the confinement was not otherwise privileged (see Rivera v County of Nassau, 83 AD3d 1032 [2011]). Commitment pursuant to Mental Hygiene Law article 9 is privileged in the absence of medical malpractice (see Matter of E.K. v State of New York, 235 AD2d 540 [1997]; Ferretti v Town of Greenburgh, 191 AD2d 608, 610 [1993]). Thus, in order to recover damages for false arrest or false imprisonment under such circumstances, a plaintiff must establish medical malpractice (see Matter of E.K.

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Bluebook (online)
97 A.D.3d 619, 948 N.Y.2d 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capellupo-v-nassau-health-care-corp-nyappdiv-2012.