(DOWNLOAD) "Reda Lauer v. State New York" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Reda Lauer v. State New York
- Author : Supreme Court of New York
- Release Date : January 28, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
[57 A.D.2d 673 Page 673] Appeal from a judgment, entered March 24, 1975, upon a decision of the Court of Claims. In February, 1940, the claimant, then age 38, was committed to Rockland State Hospital pursuant to court order after examination by two physicians. In 1967 she was released from Central Islip State Hospital, placed on welfare and attended an after-care clinic for one year. In 1969 she filed a claim against the State for false imprisonment, involuntary servitude and malpractice arising from her 27-year confinement. Claimant contends that she was never mentally ill and that during her confinement she was required to work at menial jobs without any compensation. The Court of Claims found, and we concur, that claimant's commitment was accomplished through legally correct procedures and cannot form the basis for an action for false imprisonment (Warner v State of New York, 297 NY 395). There is no evidence in this voluminous record that the order of commitment was in any respect invalid, on its face or otherwise. To the contrary, the record supports the necessity for claimant's commitment. Claimant alleges that she was improperly confined for 27 years because if the State's examining and treating psychiatrists had properly investigated her statements, they would have realized that they were not delusions. The record indicates that claimant was frequently seen by competent medical personnel who periodically examined her with a view toward rehabilitation, and, as the trial court found, there was a substantial and genuine concern for her physical and mental well-being while under confinement. In any event, the nature and quality of the investigation necessary in order to make a proper diagnosis is a matter of professional judgment for which, unless acting in disregard of such judgment, the State [57 A.D.2d 673 Page 674]
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