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ARTICLE ID 194854

DEFENDANT’S Civil Rights – Psychiatric Hospital Staff Negligence – Defendants used excessive force in restraining and medicating plaintiff – Violating plaintiffs 14th Amendment Rights – Ankle fracture – Surgery required.

USDC Camden

In this civil rights violation action, the plaintiff maintained that the staff at the defendant psychiatric hospital used excessive force in restraining the plaintiff, negligently forced the plaintiff to receive an injection of a sedative, and failed to provide the plaintiff with timely medical care. The defendants denied all allegations of negligence and injury.

On April 6, ________, the male plaintiff was an involuntarily committed patient at the defendant psychiatric hospital. The plaintiff maintained that the defendant hospital personnel improperly restrained the plaintiff and injected him with an intramuscular dose of Haldol. The plaintiff argued that he had already being given an oral dose of Haldol, and did not want the injection. During the struggle to administer the injection, one of the defendants stepped on the plaintiff’s ankle. The plaintiff was then restrained in a chair for over two hours using wrist and ankle restraints. The next day, the plaintiff complained of pain in his lower leg, and was unable to bear weight on it. He was eventually taken to the hospital where he was diagnosed with an ankle fracture, and surgery was required. The plaintiff’s claims of negligence against the defendants were excessive use of force and failure to provide prompt medical care in violation of the Fourteenth Amendment, violation of the New Jersey Patients’ Bill of Rights, N.J., assault and battery and negligence. The defendants denied all allegations of negligence, and maintained that only the force necessary to subdue the plaintiff who was extremely agitated and dangerous, was used. The defendants argued that the injury was caused by the actions of the plaintiff.The jury found no negligence on the part of the defendant.

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