Adam Brook, Individually and as Executor of the Estate of Judith Brook v. Joseph Ruotolo, et al.
SocialSecurity ERISA DueProcess Jurisdiction JusticiabilityDoctri
1. Whether a court-appointed guardian for an adult, acting under color of state law, is immune from liability under 42 USC §1983 for forcing his ward into a nursing-home against her will without authority to do so.
2. Whether a court-appointed attorney for an "alleged incapacitated person", employed by the State and acting under color of state law, is immune from liability under 42 USC §1983 for her intentional acts intended to have her client deemed incapacitated against her client's wishes, and to have the power-of-attorney held by her client's son annulled, thereby allowing the court to strip her client of all her civil and constitutional rights and property against her client's wishes.
3. Whether a court-appointed guardian, acting under color of state law, is immune from liability under 42 USC §1983 for orchestrating a scheme to procure a guardianship by fraud.
Whether a court-appointed guardian and attorney acting under color of state law are immune from liability under 42 USC §1983 for actions that allegedly deprive an individual of civil and constitutional rights