No. 24-1003

Adam Brook, Individually and as Executor of the Estate of Judith Brook v. Joseph Ruotolo, et al.

Lower Court: Second Circuit
Docketed: 2025-03-20
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 civil-rights-violation guardianship-immunity mental-hygiene-law power-of-attorney state-actor
Key Terms:
SocialSecurity ERISA DueProcess Jurisdiction JusticiabilityDoctri
Latest Conference: 2025-05-15
Question Presented (from Petition)

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.

Question Presented (AI Summary)

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

Docket Entries

2025-05-19
Petition DENIED.
2025-04-29
DISTRIBUTED for Conference of 5/15/2025.
2025-04-25
Waiver of right of respondent Joseph Ruotolo to respond filed.
2025-04-17
Waiver of Diana Rosenthal, Felice Wechsler, Mental Hygiene Legal Service of right to respond submitted.
2025-04-17
Waiver of right of respondents Diana Rosenthal, Felice Wechsler, Mental Hygiene Legal Service to respond filed.
2025-04-07
Waiver of right of respondents Mary Manning Walsh Home Co., Inc., Towana Moe, R.N., John Michael Natividad, R.N., Doris Bemudez, R.N., Marie Sweet Mingoa, R.N., Arthur Akperov, R.N., Navjot Sepla, R.N., and Allen Logerquist, M.D., Florence Pu, M.D. to respond filed.
2025-03-28
Waiver of right of respondent Jason Kubert, M.D. to respond filed.
2025-03-28
Waiver of right of respondent Ira Salzman, Esq. to respond filed.
2024-12-31
Petition for a writ of certiorari filed. (Response due April 21, 2025)

Attorneys

Diana Rosenthal, Felice Wechsler, Mental Hygiene Legal Service
Barbara Dale UnderwoodSolicitor General, Respondent
Estate of Judith Brook and Adam Brook
Bruce Warfield HamiltonWarfield Hamilton Law, LLC, Petitioner
Ira Salzman, Esq.
Joseph L. FrancoeurWilson Elser, LLP, Respondent
Jason Kubert, M.D.
Wayne M. RubinFeldman, Kleidman, Collins & Sappe, LLP, Respondent
Joseph Ruotolo
Lissett Costa FerreiraMeenan & Associates LLC, Respondent
Karl Huth, Esq. and Huth Reynolds, LLP
Matthew ReynoldsHuth Reynolds, LLP, Respondent
Mary Manning Walsh Home Co., Inc., Towana Moe, R.N., John Michael Natividad, R.N., Doris Bemudez, R.N., Marie Sweet Mingoa, R.N., Arthur Akperov, R.N., Navjot Sepla, R.N., and Allen Logerquist, M.D., Florence Pu, M.D.
Charles Everett KutnerKutner Corrado Friedrich, LLP, Respondent