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Argued: April 7, 2009

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

Plaintiff Sandra Morrison appeals from an order of the United States District Court for the Southern District of New York (Chin, J.) dismissing her suit, brought under 42 U.S.C. § 1983, alleging torts under the United States Constitution and state law. The complaint asserts claims against the Elmhurst Hospital, and persons associated with it, based on Plaintiff’s detention at the hospital for a period of fourteen days following her remand for psychiatric evaluation by a judge of the Family Court of the State of New York.*fn1 The district court dismissed the complaint on the basis of the Rooker-Feldman doctrine,*fn2 construing the complaint as a challenge to the lawfulness of the Family Court’s remand order. Plaintiff contends her suit does not challenge the Family Court order, but rather challenges the independent determinations made by personnel of the hospital — in particular the determination that she was a danger to herself or others and should therefore be further detained. We agree that the complaint can be so interpreted and that, to the extent the complaint seeks relief based on discretionary decisions of the hospital that were not mandated by the Family Court order, it should not have been dismissed under Rooker-Feldman.

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