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Jones v. Crisis Servs. of Erie Cnty.

No Claims Made Out Against CSEC, Officers Over Hospitalization Under MHL §9.45

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Rochelle M. Jones and James L. Thomas, Plaintiffs v. Crisis Services of Erie County, et al.,1 Defendants

DECISION AND ORDER ORDER TO SHOW CAUSE INTRODUCTION   Plaintiffs Rochelle M. Jones and James L. Thomas brought this action on March 23, 2016 and then amended their Complaint on May 5, 2016, alleging various civil rights and state law claims based on Defendants institutionalizing Jones without legal justification. ECF Nos. 1, 3. On August 3, 2018, the Court granted a motion to dismiss filed by five Defendants, dismissing them from the action. ECF No. 77. Four of the remaining Defendants — Crisis Services of Erie County (CSEC), Sherry W., Mandy M., and R.G. (collectively, the Moving Defendants) — now move for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) as to the claims remaining against them. ECF No. 92. The Motion is GRANTED IN PART and DENIED IN PART because Plaintiffs have properly alleged claims against Sherry W. but not the remaining Moving Defendants. BACKGROUND Five claims out of eleven in the Amended Complaint remain against the Moving Defendants: the First Claim for conspiracy in violation of 42 U.S.C. §1985(3); the Second Claim for a violation of Jones’s Fourth Amendment rights; the Third Claim for denial of Jones’s liberty without due process; the Fourth Claim for false arrest and imprisonment of Jones; and the Eleventh Claim, a derivative spousal claim as to Thomas. ECF No. 3

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