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Barry Vallen v. Richard Miraglia

December 30, 2010

BARRY VALLEN, PLAINTIFF,
v.
RICHARD MIRAGLIA, COMMISSIONER OF MENTAL HEALTH (O.M.H.),
CURRENT GOVERNOR OF NEW YORK STATE, DEFENDANTS.



The opinion of the court was delivered by: Joanna Seybert, U.S.D.J. Central Islip, New York

ORDER

# 014-2991

Pilgrim Psychiatric Center Hospital 998 Crooked Hill Road Building 81 - Ward 202 Brentwood, NY 11717 SEYBERT, District Judge:

Presently pending before the Court is the pro se Complaint of Barry Vallen ("Plaintiff") brought pursuant to 42 U.S.C. § 1983 against Richard Miraglia, Commissioner of Mental Health and the current governor of New York State, accompanied by an application to proceed in forma pauperis and an application for the appointment of counsel. For the reasons that follow, Plaintiff's request for permission to proceed in forma pauperis is GRANTED but the Complaint is sua sponte DISMISSED without prejudice. Given the dismissal of the Complaint, the application to appoint pro bono counsel is denied without prejudice and Plaintiff may refile an application for the appointment of pro bono counsel upon submission of an Amended Complaint.

BACKGROUND

I. Plaintiff's Psychiatric History*fn1

In the early hours of October 5, 1984, Vallen bludgeoned his parents to death while they slept in their bed. Vallen was charged with two counts of Murder in the Second Degree but was found not responsible by reason of mental disease or defect. On March 21, 1986, Vallen was found to have a "dangerous mental disorder" as defined in New York Criminal Procedure Law (CPL) § 330.20(1), and was committed to a secure psychiatric facility, where he remained until December of 1998.

Vallen, 2004 WL 555698, at *1 (citation omitted).

On December 15, 1998, Vallen was found not to have a "dangerous mental disorder" although he was still "mentally ill," as defined in CPL § 330.20(1)(d). As a result, he was transferred to Pilgrim State Psychiatric Center ("Pilgrim State"), a non-secure facility under the jurisdiction of OMH.

Id.

On December 5, 1991, Vallen was found to no longer be "mentally ill" and was therefore conditionally released from Pilgrim State into the community. In connection with his release, an "Order of Conditions" was issued. The Order of Conditions, which remains in effect for five years, specifies the conditions a patient must comply with in order to remain at liberty. The Order of Conditions included the following directives:

2. The defendant, Barry Vallen, will attend the Sunrise Psychiatric clinic, 400 Broadway, Amityville, New York , or any other clinic designated by the Commissioner New York State Office of Mental Health or his designee.

3. The defendant, Barry Vallen, shall comply with any and all treatment programs, including medications prescribed initially by his Pilgrim Psychiatric Center treatment team when he is placed on conditional release and/or to any changes in the treatment or medication deemed necessary by the outpatient clinic. The patient shall participate in a variety of group and individual therapy programs and activities, vocational and rehabilitative.

4. The outpatient clinic treating the patient, Barry Vallen, is authorized to modify and develop a treatment plan, including the prescribing of medication, as is clinically indicated, and is authorized to modify and change the initial treatment recommendations of Pilgrim Psychiatric Center when clinically appropriate and necessary.

5. The patient, Barry Vallen, shall submit to appropriate laboratory tests to test for levels of neuroleptic medications and compliance with taking his medications as prescribed by his physicians.

6. The patient, Barry Vallen, shall refrain from the consumption of alcoholic beverages and any unauthorized drugs not prescribed by his physician.

7. The patient, Barry Vallen, shall submit to random blood and urine screenings administered for the purpose of detecting unauthorized or illicit drugs or alcohol consumption.

12. If the patient, Barry Vallen, fails to comply with the treatment and/or the conditions of this order, or if his conditions should decompensate, the clinic treating the patient and/or the Commissioner New York State Office of Mental Health shall immediately notify this Court, the Orange County District ...


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