Mental Disability Law Clinic v. Hogan

MEMORANDUM AND ORDER

BLOCK, Senior District Judge:

This case is on remand from the Second Circuit. The circuit court’s remand revives the claim of the Mental Disability Law Clinic, Touro Law Center (“the Clinic”), that certain practices of the New York State Office of Mental Health (“OHM”) violate the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. In addition to addressing the merits of the Clinic's claims, OMH (through its commissioner, Michael F. Hogan) has moved for summary judgment on the grounds (1) that the Clinic lacks standing, and (2) that its claims are…