Fotia v. Palmetto Behavioral Health

ORDER

DUFFY, District Judge.

This matter is before the court upon Defendant Palmetto Behavioral Health’s (“Palmetto Behavioral”) Motion to Dismiss pursuant to Fed. R. Civ. Pro. 12(b)(1) and (6). For the reasons set forth herein, Defendant’s motion is denied.

I. BACKGROUND

Plaintiff Doug Fotia (“Fotia”), a licensed clinical social worker, was hired by Defendant Palmetto Health as an emergency assessment worker on or about October 15, 2001. (Am.CompJ 6). On August 19, 2002, Plaintiff assessed a suicidal unfunded-patient and concluded that the patient required emergency hospitalization. (Am. CompA…