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Jones v. Sherry W.

Issue Exists on Probable Cause to Remove Woman, Admit Her to ECMC Under MHL §9.45

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Rochelle M. Jones and James L. Thomas, Plaintiffs v. Sherry W., et al.,1, Defendants DECISION AND ORDER INTRODUCTION Plaintiffs Rochelle M. Jones (“Jones”) and James L. Thomas (“Thomas”) brought an assortment of claims against several defendants relating to the alleged removal of Jones from her home and her confinement to a mental health facility. ECF No. 3. After multiple motions, the only claims that remain are against Defendants Sherry W. (“Sherry”), the Buffalo Police Department (“BPD”), Buffalo Police Department Officers John Doe 1 and John Doe 2 (the “BPD Officers”), and Julian Harris (“Harris”). See ECF Nos. 77, 102. These claims, as enumerated in the amended complaint, consist of 1) Jones’s claim for the violation of her Fourth Amendment rights against Sherry, BPD, and the BPD Officers, 2) Jones’s claim for the denial of her liberty without due process against Sherry, BPD, and the BPD Officers, 3) Jones’s claim for false arrest and imprisonment against Sherry, BPD, and the BPD Officers, 4) Jones’s claim for defamation against Harris, and 5) Thomas’s claim for loss of consortium, derived from Jones’s damages in her remaining claims. ECF No. 102 at 9. Presently before the Court are Sherry’s motion for summary judgment (ECF No. 149), Harris’s motion for summary judgment (ECF No. 151), and BPD and the BPD Officers’ motion for summary judgment (ECF No. 154). For the reasons set for below, Sherry’s motion is denied, Harris’s motion is granted, and BPD and the BPD Officers’ motion is granted. BACKGROUND2 Jones and Thomas were married and living together in Buffalo in March 2015. ECF No. 157-3

1-3. Harris is Jones’s son. ECF 149-2 11. In March 2015, Harris called Crisis Services of Erie County (“CSEC”) to request a mental health check on Jones, expressing concern over Jones’s recent behavior. ECF 149-2 20. In response, Sherry, a licensed mental health counselor and CSEC employee, visited Jones’s home on March 21, 2015. Id.

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