Starting off November with a Significant Win In The Second Circuit Court of Appeals to Protect Our Clients

We are pleased to report a big victory for SACS in the Second Circuit Court of Appeals. This is a 42 USC § 1983 case in which plaintiff-parents sued various defendants claiming that they violated their constitutional/due process rights by conspiring against them as a medical malpractice cover-up to bring Family Court proceedings after their 3-month old daughter presented to the ER with life-threatening injuries. 

Based on stellar and comprehensive summary judgment motion practice by Jason Corrado, Jeremy Rosof, Dominique Chin and Jessica George, the District Court dismissed the complaint against the defendants.  After rejecting plaintiffs’ factual proffer, the court found the defendants were not state actors subject to § 1983 liability and, in any event, enjoyed qualified immunity from suit as mandated reporters of suspect child abuse or neglect. 

Upon this excellent record, Christopher Simone of the Litigation/Appellate Strategy & Advocacy Group briefed and argued in response to plaintiff’s appeal, culminating in an affirmance.  The Second Circuit agreed with our procedural arguments concerning plaintiff’s proffer and that the defendants were shielded from suit by qualified immunity.  This case is significant for our clients in that it reinforces the policy of protecting healthcare providers and case workers from liability when exercising their discretion in “pressurized circumstances” they routinely confront when a child presents to them injuries that are not adequately explained.

We are very proud of the cumulative efforts of the team that worked on this and congratulate them all on this significant victory.

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