Joshua Cohen and Alexandra Nieto obtained a complete pre-answer dismissal in the United States District Court for the Eastern District of New York in a civil rights action brought against a New York hospital represented by BPN.

The plaintiff alleged that he was wrongfully detained by co-defendants, members of the New York City Police Department, who transferred him to BPN’s client’s facility. He further claimed that the hospital both improperly administered medication and improperly withheld medication, allegedly resulting in physical injuries. Based on these allegations, the plaintiff asserted numerous claims, including violations of the Americans with Disabilities Act, the New York City Human Rights Law, and multiple constitutional claims under 42 U.S.C. § 1983, as well as claims for procedural due process violations, failure to protect, conspiracy, and racial discrimination.

The plaintiff also asserted claims for unlawful seizure, excessive force, and deliberate indifference to medical needs against BPN’s client under Monell v. Department of Social Services, 436 U.S. 658 (1978), which permits municipal liability under § 1983 only where an alleged constitutional violation is caused by an official policy or custom.

BPN filed a pre-answer motion to dismiss, which the Court converted to a motion for summary judgment. The Court dismissed the complaint in its entirety, finding that there was no genuine issue of material fact and that the record, viewed as a whole, could not lead a rational trier of fact to find in the plaintiff’s favor.