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Jones v. Beth Israel Hosp.

Inmate's Rights Claims Dismissed, But EMTALA Claim Stated Over Discharge From Hospital

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MEMORANDUM OPINION AND ORDER

*1 Plaintiff Michael Jones, Jr. is currently incarcerated for assaulting three New York City Police Department (“N.Y.P.D.”) officers in the spring of 2017. Months after the assault, Mr. Jones asserted that in the crucial hours leading up to his altercation with the police, he was neglected and discriminated against by employees in the Emergency Room of Defendant Beth Israel Hospital, and that this mistreatment was the catalyst for the violence that subsequently resulted. He alleges that the medical services he received were inadequate and wholly failed to address the mental health difficulties he was experiencing and that he explained to his attending doctors. Because of this poor treatment for his mental health, and the unjust discrimination he experienced due to his race and perceived financial status, Plaintiff attempted to end his life that day by provoking the police. After his failed suicide attempt and incarceration, Plaintiff has filed this action pro se, bringing claims under 42 U.S.C. §1983 (“Section 1983″), 42 U.S.C. §1981 (“Section 1981″), the Emergency Medical Treatment and Active Labor Act (“EMTALA”), 42 U.S.C. §1395dd, and New York state law against Defendant. Defendant has moved to dismiss the complaint. Because Beth Israel Hospital is not a “state actor,” Plaintiff’s Section 1983 claims against Defendant are dismissed. Plaintiff’s Section 1981 claim is also dismissed. Plaintiff plausibly pleads a claim under the EMTALA, however, and will have the opportunity to litigate that claim.*2

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