United States District Court, S.D. New York
[Copyrighted Material Omitted]
For the Plaintiff: Nathaniel B. Smith, Esq., LAW OFFICE OF NATHANIEL B. SMITH, New York, NY.
For the City Defendants: Suzanna P. Mettham, Esq., ZACHARY W. CARTER, CORPORATION COUNSEL OF THE CITY OF NEW YORK, New York, NY.
For Jamaica Hospital Medical Center, Defendant: Gregory J. Radomisli, Esq., MARTIN CLEARWATER & BELL, LLP., New York, NY.
ROBERT W. SWEET, UNITED STATES DISTRICT JUDGE.
Plaintiff Adrian Schoolcraft (" Schoolcraft" or " Plaintiff" ) moves for an order allowing him to amend the operative Second Amended Complaint (" SAC" ) pursuant to Rule 15 of the Federal Rules of Civil Procedure.
For the reasons set out below, Plaintiff's motion is granted in part and denied in part, and Plaintiff may file a Third Amended Complaint (" TAC" ) in keeping with this Opinion.
A detailed recitation of the facts of the underlying case is provided in this Court's opinion dated May 6, 2011, which granted in part and denied in part Defendant Jamaica Hospital Medical Center's motion to dismiss. See Schoolcraft v. City of New York, 10 Civ. 6005, 2011 WL 1758635, at *1 (S.D.N.Y. May 6, 2011). Familiarity with those facts is assumed. The action involves claims brought by Schoolcraft in the SAC against the City, several members of the New York City Police Department (" NYPD" ), collectively the " City Defendants" ), and Jamaica Hospital Medical Center (" JHMC" ), two doctors employed by JHMC, and others, (collectively with the City Defendants, the " Defendants" ).
Through the instant motion, Plaintiff seeks to:
1. Remove four of the named Defendants: Police Officers Sondra Wilson (" Wilson" ); Richard Wall (" Wall" ); Robert O'Hare (" O'Hare" ); and Thomas Hanley (" Hanley" );
2. Remove a redundant claim for relief brought under 42 U.S.C. § 1983;
3. Add Officers Steven Weiss (" Weiss" ) and Rafel A. Mascol (" Mascol" ) as named Defendants and amend the case caption accordingly;
4. Reassert claims brought under 42 U.S.C. § 1983 against JHMC;
5. Add a claim for injunction and declaratory relief, seeking an order: (a) finding
that all of the Defendants' conduct with respect to their treatment of Schoolcraft was unlawful; (b) and directing the expungement of Schoolcraft's medical and personnel records to the extent that those records suggest that Schoolcraft was properly admitted to a psychiatric ward, that he suffers from a mental illness, that his condition required his commitment to a psychiatric hospital, and that he is dangerous ...