Hagen v. Town of Riverhead

OPINION OF THE COURT

Patrick Henry, J.

Motion by defendant Smith to dismiss the complaint as against her, pursuant to CPLR 3211, or, in the alternative, for summary judgment pursuant to CPLR 3212, is denied except to the extent indicated herein.

This is an action for false imprisonment and for violation of plaintiffs constitutional and civil rights (42 USC § 1983) stemming from her brief involuntary confinement at Kings Park Psychiatric Center, a State institution. Defendant Smith is licensed by the State of New York, through the Office of Mental Health, as a "family care provider”. As such, she…