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Partner Gregory J. Radomisliobtained a complete dismissal in the United States District Court for theSouthern District of New York in a civil rights action brought against MCB’sclient Hospital arising out of alleged medical treatment provided to a detainee at Rikers Island.
The plaintiff asserted claims under the Americans with Disabilities Act, 42 U.S.C. § 1983, Monell liability, and related state law theories, alleging deliberate indifference to serious medical needs and other constitutional violations following a series of significant medical complications, including multiple amputations. The Court granted dismissal of all claims, holding that the allegations failed to plausibly establish deliberate indifference or any constitutional violation. The Court further found that the ADA claims improperly challenged the adequacy of medical care rather than alleging discrimination and dismissed the Monell claims due to the absence of an underlying constitutional violation. The remaining state law claims were dismissed as time-barred and otherwise insufficiently pled, resulting in dismissal of the action in its entirety.