McGugan v. Aldana-Bernier, No. 12-4165 (2d Cir. 2014)
Annotate this CasePlaintiff filed suit against defendants, a medical center and four of its employees. Plaintiff alleged that had any of the defendants performed their duties properly, they would have realized that she was never a danger to herself or others and that she should never have been certified for forcible sedation or involuntary hospitalization. The district court granted defendants' motion to dismiss. The court affirmed, concluding that plaintiff failed to allege state action for the purpose of her 42 U.S.C. 1983 claims and that she failed to allege actionable discrimination for the purpose of her Section 504 of the Rehabilitation Act, 29 U.S.C. 794, claim.
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