Rochelle M. Jones and James L. Thomas, Plaintiffsv.Crisis Services of Erie County, “Sherry W.,” “Mandy M.,” “R.G.,” Julian Harris, Mylinda McCready,1 Erie County Medical Center, Ricardo Romero, M.D., Won Hoon Park, M.D., Alfonso Tan, M.D., Buffalo Police Department, Buffalo Police Officer John Doe 1, Bufflo Police Officer John Doe 2, Defendants
DECISION AND ORDERINTRODUCTION On March 21, 2016, Plaintiffs Rochelle M. Jones and James L. Thomas filed a Complaint alleging various claims against Defendants stemming from Jones’s involuntary commitment at Erie County Medical Center (ECMC) under New York’s Mental Hygiene Law (MHL). See ECF No. 1.Nearly two months later, on May 5, 2016, Plaintiffs filed an Amended Complaint. ECF No. 3. Plaintiffs never served the original Complaint on any of the Defendants before filing the Amended Complaint. The Amended Complaint alleged facts similar to the original Complaint and eleven claims: (1) Defendants Crisis Services of Erie County (CSEC), Sherry W., Mandy M., R.G., and Julian Harris conspired to deprive Jones of her civil rights in violation of 42 U.S.C. §1985(3); (2) CSEC, Sherry W., Mandy M., R.G., Harris, and Buffalo Police Officers John Doe 1 and 2 violated Jones’s Fourth Amendment rights in turn violating 42 U.S.C. §1983; (3) CSEC, Sherry W., Mandy M., R.G., Harris, Buffalo Police Officers John Doe 1 and 2, Ricardo Romero, M.D., Won Hoon Park, M.D., and Alfonso Tan, M.D., violated Jones’s due process rights guaranteed under the Fourteenth Amendment, also violating §1983; (4) CSEC, Sherry W., Mandy M., R.G., Harris, Buffalo Police Officers John Doe 1 and 2, Drs. Romero, Park, and Tan falsely arrested and imprisoned Jones; (5) CSEC, Sherry W., Mandy M., R.G., Harris, Buffalo Police Officers John Doe 1 and 2, and Drs. Romero, Park, and Tan violated the MHL; (6) Drs. Romero, Park, and Tan (the Physicians) and ECMC committed medical malpractice while treating Jones; (7) the Physicians and ECMC failed to receive informed consent from Jones for treatments they administered to her; (8) Harris and Mylinda McCrady defamed Jones; (9) Harris intentionally inflicted emotional distress upon Jones; (10) Harris defamed Thomas; and (11) a derivative spousal claim on Thomas’s behalf against all Defendants. See ECF No. 3.Thereafter, Harris, McCrady, ECMC and the Physicians moved to dismiss the Amended Complaint. ECF Nos. 5, 8, 26, 41, 74. These motions are currently before the Court.Additionally, in December of 2017, Plaintiffs moved to proceed in forma pauperis, for appointment of counsel, and for other miscellaneous relief. See ECF Nos. 60-61. Because the Court has since appointed an attorney to represent Plaintiffs, see ECF No. 62, these motions are DENIED.BACKGROUND2On March 21, 2015, Harris contacted CSEC, told representatives that he was Jones’s son and was concerned for her safety, and requested that CSEC send an outreach team to conduct a mental health evaluation of Jones. ECF No. 3
