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GREENWOOD v. NEW YORK

October 2, 1986

ALBERT GREENWOOD, M.D., Plaintiff,
v.
THE STATE OF NEW YORK, OFFICE OF MENTAL HEALTH, et al., Defendants



The opinion of the court was delivered by: LEISURE

LEISURE, District Judge:

This action was brought by plaintiff, Dr. Albert Greenwood, pursuant to 42 U.S.C. ┬ž 1983. Plaintiff claims that the State of New York, Office of Mental Health ("OMH"), certain of its staff, and other officials deprived him of the right to practice medicine at OMH without due process of law guaranteed under the Fourteenth Amendment. Greenwood also asserts various unspecified claims grounded in state tort law, with jurisdiction alleged under principles of pendent jurisdiction.

 Certain defendants, including OMH, have moved to dismiss for failure to state a claim upon which relief can be granted, Fed. R. Civ. P. 12(b)(6), alleging specifically that plaintiff's federal claims are barred by the statute of limitations.

 FACTUAL BACKGROUND

 In view of the fact that defendants rely on the statute of limitations, the facts as alleged in the amended complaint are set forth below in detail.

 Plaintiff Albert Greenwood, M.D. is a duly licensed and certified psychiatrist who has been employed by defendant Manhattan Psychiatric Center since 1977. (Amended Complaint PP4-6).

 Defendant State of New York, Office of Mental Health is a state agency providing for certain mentally ill persons. (P7).

 Defendant James A. Prevost, M.D. was the commissioner of OMH at all times relevant to this action until 1982. (P8)

 Defendant Sarah Connell, C.S.W. was, at all times relevant, regional director of OMH for New York City. (P9).

 Defendant Manhattan Psychiatric Center (MPC) is a facility owned and operated by defendant OMH. (P10).

 Defendant Gabriel Koz, M.D. was executive director of MPC at all times relevant until June, 1982. (P11).

 Defendant Michael H. Ford, M.D. was deputy director clinical at MPC at all times relevant until June, 1982, at which time he succeeded defendant Dr. Koz as executive director. (P12).

 Defendant Yves Chenier, M.D. was director of the division of MPC to which plaintiff was assigned. In June, 1982, Dr. Chenier became deputy director clinical of MPC, succeeding defendant Dr. Ford. (P13).

 Defendant Miodrag Ristich, M.D. served, at all times relevant, as chairman of the utilization review committee, and, from June of 1983 to September of 1984, was chief of medical services at MPC. (P14).

 Defendant Franklin S. Simon, M.D. was employed as a psychiatrist at MPC beginning in February, 1981 and served as secretary of the mortality review committee beginning in July, 1981. (P15).

 Defendant Willy Mautner, M.D. was director of clinical services at MPC until 1983 when he became ...


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