Shrader v. Granninger

870 F.2d 874, 1989 WL 26473
CourtCourt of Appeals for the Second Circuit
DecidedMarch 21, 1989
DocketNo. 526, Docket 88-7669
StatusPublished
Cited by6 cases

This text of 870 F.2d 874 (Shrader v. Granninger) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shrader v. Granninger, 870 F.2d 874, 1989 WL 26473 (2d Cir. 1989).

Opinion

MESKILL, Circuit Judge:

Plaintiffs-appellants appeal from a judgment entered in the United States District Court for the Northern District of New York, Munson, J., granting defendants-ap-pellees Albany Veterans Administration Medical Center (AVAMC) and Clark Gran-ninger, the director of AVAMC, partial judgment on the pleadings. The court determined that AVAMC did not have to follow state procedures for involuntarily committing and treating mentally ill persons, as Congress intended the federal government “to control the procedures ... [that] govern the admission, retention and treatment of patients at Veterans Hospitals.” The court then entered judgment on this issue, pursuant to Fed.R.Civ.P. 54(b), and plaintiffs filed an appeal from that judgment.

We dismiss the appeal, as the judgment was improvidently entered under Rule 54(b).

[876]*876BACKGROUND

This declaratory judgment action was filed by individuals who had been involuntarily committed or treated in the psychiatric ward at AVAMC, and by the New York State agency charged with providing legal services to psychiatric patients. Each of the individual plaintiffs is a civilian, and none of them is currently confined at AVAMC.

Plaintiff Mental Hygiene Legal Service (MHLS) is an agency within the judicial branch of New York State government, and has the following statutory duties: to review the admission of all patients receiving services intended for mentally disabled persons; to inform those patients of their rights to judicial review, legal counsel and an independent medical opinion; to provide legal services for those patients; and to take any legal action necessary to safeguard those patients’ rights. N.Y. Mental Hyg. L. § 47.03(aHc), (e) (McKinney 1988). To help MHLS carry out these functions, hospitals and other facilities are to grant MHLS access to their records, in accordance with federal law and privacy interests. Id. § 47.03(d).

This suit was brought in New York State court, but was removed to the Northern District of New York on the motion of defendants, on the ground that they are an agency and an employee of the federal government. 28 U.S.C. § 1442 (1982). The declaratory relief sought is not premised on the Declaratory Judgment Act, 28 U.S.C. § 2201 (1982); the suit maintains its original character as a state declaratory judgment action.

In their amended complaint, plaintiffs allege that defendants violated plaintiffs’ rights under New York statutory and constitutional law and under the United States Constitution. Specifically, the individual plaintiffs claim that AVAMC did not follow proper New York State procedures when it committed and treated them involuntarily and that the procedures of AVAMC, both on their face and as applied, violate the equal protection and due process clauses of the Fifth and Fourteenth Amendments to the United States Constitution. MHLS claims that AVAMC prevented it from carrying out its statutory duties. New York State law itself explicitly provides that New York State procedures are to be applied by Veterans’ Administration hospitals. N.Y. Mental Hyg. L. § 79.29 (McKinney 1988). At oral argument, counsel for plaintiffs asserted that one of the reasons they sought a declaratory judgment was that defendants were not following section 79.29 and that MHLS did not know what law governed their clients at AVAMC.

Plaintiffs have asked only for declaratory relief. In particular, they have asked that the court declare that defendants must abide by article 9 of the Mental Hygiene Law (article 9); that defendants must comply with the requirements for treating patients involuntarily, as set forth in Rivers v. Katz, 67 N.Y.2d 486, 495 N.E.2d 337, 504 N.Y.S.2d 74 (1986); and that defendants must grant MHLS access to patient records. In addition, plaintiffs have made the boiler-plate request for any other relief the court may deem appropriate. Presumably, in light of their equal protection and due process claims, this includes a declaration that plaintiffs’ rights have been violated by AVAMC procedures.

Regarding their article 9 request, it is not clear just what it is that plaintiffs are looking for. At oral argument, plaintiffs’ attorney asserted that they were requesting that the Court declare that all those provisions of article 9 “that would not unduly burden or impair federal functions” apply to AVAMC. Nevertheless, plaintiffs have not informed the Court which provisions of article 9 are included within this standard, and the district court has not made this determination.

Defendants, in their answer, responded, inter alia, that New York State law does not apply to their actions because the Supremacy Clause shields federal facilities, such as AVAMC, from regulation by the states. See, e.g., Goodyear Atomic Corp. v. Miller, — U.S. -, -, 108 S.Ct. 1704, 1709-11, 100 L.Ed.2d 158 (1988).

In an oral ruling on December 28, 1987, Judge Munson held that Congress had “clearly, and ... unequivocally, evidenced [877]*877its intention to regulate the area of procedures at veterans’ hospitals.” He therefore held that New York cannot regulate procedures at AVAMC, even in the field of mental health, a field traditionally reserved to the states. See, e.g., United States v. Cohen, 733 F.2d 128, 137 n. 15, 138 (D.C.Cir.1984) (in banc). The district court declined to rule on the other issues presented by plaintiffs’ complaint, and the equal protection and facial and “as applied” due process claims are still unresolved.

On June 3, 1988, the district court granted in part1 plaintiffs’ motion for the entry of judgment under Rule 54(b), allowing them to appeal the issue of whether the Supremacy Clause and the Tenth Amendment prohibit New York from applying its procedures to AVAMC. Rule 54(b) provides:

When more than one claim for relief is presented in an action, ... the court may direct the entry of a final judgment as to one or more but fewer than all of the claims ... only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment.

Thus, to enter judgment under Rule 54(b) on the basis that one claim of a multi-claim complaint has been dismissed, a district court must find that multiple, separate claims do exist, that one of them has been finally determined, and that there is no just reason for delay of an appeal. Even if these conditions are met, a district court’s decision is nonetheless discretionary.

Judge Munson analyzed these factors. First, he found that there were multiple claims, which he described as state law and federal law claims. The court said state law simply did not apply to AVAMC and that therefore it had finally determined the state law claim.

Second, the court determined that the state law claim was separable from the due process claim. While the due process claim presented questions of law and fact, the court stated that the state claim was essentially a question of law.

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870 F.2d 874, 1989 WL 26473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shrader-v-granninger-ca2-1989.