Munzer v. Blaisdell

Motion by defendant Blaisdell to dismiss plaintiff’s fifth amended complaint, or, in the alternative, to strike out certain of its allegations.

*774The first cause of action seeks to recover upon a liability created by statute. It alleges, in substance, that Blaisdell, Medical Superintendent of Bockland State Hospital, an institution for the care and treatment of the mentally ill, violated a duty imposed upon him by statute when, by letter of December 24, 1938, addressed to defendant Carp, he enclosed plaintiff’s ^ case record while a patient at the institution.

Section 84 of the Mental Hygiene…