Plaintiff’s Claims of Rights Violation, Kidnapping, Municipal Liability Dismissed

By: Alan R. Dembiczak

adembiczak@hl-law.com

860-249-1361 Ext. 148

Schofield v. Manchester (USDC – 2015): In December of 2011, Plaintiff, Arthur Schofield, was having a pain in his chest, and therefore, went to receive medical treatment. While receiving treatment, he was told he might be having a possible heart attack and was under doctor’s orders to go to the hospital. He refused to go, stormed out of the doctor’s office and drove home. Pursuant to policy, the Manchester Police Department was called whereupon the responding officer attempted to locate the Plaintiff, as he might be a danger to himself or others. Responding officers eventually found Plaintiff at his home, and based upon information the officer learned at the doctor’s office, as well as during his conversation with the Plaintiff, he decided to perform an involuntary committal of Plaintiff as he believed he was a danger to himself and others. As a result, Plaintiff filed a civil rights suit against various Manchester officers, claiming that his Fourth Amendment rights were violated as a result of the involuntary hospitalization. He also pled claims for illegal entry into his home, equal protection, due process and municipal liability. He further pled state law claims of negligence, infliction of emotional distress and kidnapping. The defendants moved for summary judgment on all claims in the plaintiff’s complaint. The Court granted partial summary judgment, dismissing Plaintiff’s claims of illegal entry, equal protection, due process and municipal liability.