Kelly v. North Shore-Long Island Jewish Health System

166 F. Supp. 3d 274, 2016 U.S. Dist. LEXIS 5452, 2016 WL 1072645
CourtDistrict Court, E.D. New York
DecidedJanuary 15, 2016
Docket13-CV-1284(JS)(SIL)
StatusPublished
Cited by9 cases

This text of 166 F. Supp. 3d 274 (Kelly v. North Shore-Long Island Jewish Health System) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kelly v. North Shore-Long Island Jewish Health System, 166 F. Supp. 3d 274, 2016 U.S. Dist. LEXIS 5452, 2016 WL 1072645 (E.D.N.Y. 2016).

Opinion

MEMORANDUM & ORDER

SEYBERT, District Judge:

Presently pending before the Court is defendant North Shore-Long Island Jewish Health System’s (“LIJ” or “Defendant”) motion to dismiss plaintiff Ann Marie Kelly’s (“Plaintiff”) Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) and (b)(6). (Defs.’ Mot., Docket Entry 19.) For the following reasons, Defendant’s Motion is GRANTED IN PART and DENIED IN PART.

BACKGROUND1

I. Factual Background

The Court assumes familiarity with the background of this case, which is set forth in the Memorandum and Order dated June 22, 2014. Kelly v. North Shore-Long Island Health Sys., No. 13-CV-1284, 2014 WL 2863020 (E.D.N.Y. Jun. 22, 2014). Plaintiff is a registered nurse who worked for LIJ as a part-time “field registered nurse” from February 2008 until her resignation on August 17, 2011. (Am. Compl., Docket Entry 16, ¶¶ 8, 23, 117.) Plaintiff also worked as a registered nurse for Nassau Health Care Corporation (“NHCC”). (Am.Compl.¶¶ 20, 37.)

In March 2011, Plaintiff submitted retirement documents to NHCC. (Am. ComplA 25.) On March 26, 2011, Plaintiff [278]*278fell and injured her back while on vacation in Mexico. (Am. Compl. ¶26.) Plaintiff exacerbated the injury when she helped her friend and another individual out of the water after a jet-ski accident. (Am. Compl.1ffl 27, 28.) Plaintiff alleges that she was in a significant amount of pain and purchased morphine, which is legal to purchase and use in Mexico without a prescription. (Am.CompU 28.)

In April, 2011, NHCC subjected Plaintiff to a random drug test that returned a positive result for morphine sulfate. (Am. Compl. ¶¶ 30-31.) NHCC then reported Plaintiff to the Office of Professional Discipline (“OPD”). (Am. Compl. ¶ 32.) Plaintiff spoke with an investigator from OPD in late April 2011. (Am. Compl. ¶ 51.) OPD did not impose sanctions against Plaintiff and “found that she was not a threat to patients and could continue to see and treat patients.” (Am. Compl. ¶ 52.) Plaintiff was advised that OPD “could not inform LIJ of the circumstances surrounding the investigation because they were not the reporting party or the party involved in the investigation.” (Am. Compl. ¶ 53.) Plaintiff retired from NHCC in or about April 2011. (Am. Compl. ¶ 37.)

Plaintiff is a recovering alcoholic who consumed significant amounts of alcohol when she was off-duty and not scheduled to work the following day. (Am. Compl. ¶¶ 56-57.) Plaintiffs alcoholism substantially limited her ability to perform activities like walking, talking, eating, and standing for extended periods of time. (Am. Compl. ¶ 59.) Plaintiff admitted she was an alcoholic, joined a support group sponsored by the Statewide Peer Assistance for Nurses program, and attended Alcoholics Anonymous meetings three times per week. (Am. Compl. ¶¶ 39, 62.) Additionally, “[t]o address the positive test result and address any potential or perceived substance abuse issues, [Plaintiff] voluntarily entered the Employee Assistance Program at NHCC and the Kenneth Peters Rehabilitation Center in Syosset.” (Am.Compl^ 36.) Plaintiff also voluntarily applied for a spot in the Professional Assistance Program (“PAP”), a program run by the State of New York that “assists professionals who have substance abuse problems but who have not harmed patients or clients.” (Comphlffl 39-41.) Participants in PAP voluntarily surrender their licenses during their treatment instead of facing professional misconduct charges. (Am.Compl.lffl 41, 44.)

Plaintiff alleges that in or about April 2011, she advised her LIJ Nursing Supervisor, Diane Asquino (“Asquino”), .of her positive drug test results “[t]hough she was under no obligation to do so.” (Am. Comply 33.) Plaintiff explained why her drug test was positive and “that she was taking all necessary steps to successfully continue her career as a Registered Nurse.” (Am.Compl.f 34.) Plaintiff also advised Asquino that she was undergoing treatment for substance abuse, which As-quino reported to the Director of Nursing, Barbara Maidhoff (“Maidhoff’). (Am. Compl.1ffl 48-49.) Plaintiff believes that Maidhoff reported this information to Maria Caravello (“Caravello”), who worked in LIJ’s human resources department. (Am. Compl. ¶ 50.)2

In or about May 2011, Plaintiff began speaking with an assigned PAP case manager, Bonnie Lochner (“Lochner”), regarding the requirements for her participation in the program. (Am.ComplY 63.) Lo-[279]*279chner advised that Plaintiff needed to be sober for three months, at which time PAP would need Plaintiffs job description and LIJ’s “policy on handling narcotics.” (Am. Comply 64.) On or about June 23, 2011, after three months of sobriety, Plaintiff spoke with Maidhoff to request a copy of her job description and LIJ’s narcotics policy. (Am.ComplJ 65.) Maidhoff requested that Lochner e-mail her directly to obtain that information. (Am. ComplJ 66.) Plaintiff advised Lochner of Maidhoffs request and Lochner subsequently contacted Maidhoff. (Am. ComplJ 67.) Plaintiff indicated to her supervisors that she would be meeting with PAP to determine whether she would be accepted into the program. (Am. ComplJ 68.)

From April 2011 through July 1, 2011, Plaintiff continued to work for LIJ and interacted with patients, administered medication, and performed her duties. (Am. Compl. ¶ 54.) No complaints were made with respect to Plaintiffs performance from April through July 2011. (Am. ComplJ 55.)

On or about June 29, 2011, Caravello inquired about Plaintiffs availability for a meeting with LIJ’s Associate Executive Director of Human Resources, Robert Sa-batino (“Sabatino”), to “discuss and learn more about the PAP program.” (Am. Compl. ¶¶ 69, 72.) Plaintiff asked if she should be represented during the meeting and Sabatino advised that it would just be a “friendly chat.” (Am. Compl. ¶¶ 70-71.) On July 1, 2011, Plaintiff met with Cara-vello and Sabatino. (Am. Compl. ¶ 73.) Plaintiff alleges that she explained the events that occurred in Mexico and also explained that she was a recovering alcoholic. (Am. Compl. ¶¶ 74-76.) Caravello called Plaintiff approximately two hours later and informed her that she was being placed on administrative leave and that “she could no longer see her patients because they were reassigned.” (Am. Compl. ¶¶ 82-83.)

In early July 2011, OPD completed its investigation of Plaintiffs failed drug test and “determined that there were no concerns with her ability to care for and treat patients, and that she did not pose a risk to patients.” (Am. Compl. ¶ 84.) Thereafter, on July 12, 2011, Plaintiff went to LIJ to speak with Sabatino. (Am. Compl. ¶¶ 85-86.) Plaintiff asked Sabatino “what the length of her administrative leave would be and why she was so abruptly removed from her position.” (Am. Compl. ¶ 87.) According to Plaintiff, Sabatino stated, “in sum and substance, that he was not aware of [Plaintiffs] ‘problem,’ referencing her addiction to alcohol, prior to their July 1, 2011 meeting but [since he became aware of it], he [has to] protect the public.” (Am.ComplJ 88.) However, Plaintiff advised Sabatino that OPD had already concluded that she was “not a threat to the public or her patients.” (Am. ComplJ 88.) That same day, Sabatino “confirmed via letter that [Plaintiff] was assigned to administrative leave for an undetermined period of time.” (Am. ComplJ 91.)

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Untitled Case
D. Connecticut, 2026
John v. Walmart Store
D. Connecticut, 2025
Rivera v. Target Corporation
S.D. New York, 2025
Moraes v. White
S.D. New York, 2021
Kane v. City of Ithaca
N.D. New York, 2019
Isaacs v. Trustees of Dartmouth College, et al.
2017 DNH 230 (D. New Hampshire, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
166 F. Supp. 3d 274, 2016 U.S. Dist. LEXIS 5452, 2016 WL 1072645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-north-shore-long-island-jewish-health-system-nyed-2016.