State officials cannot be sued in the 2005 attack of a government lawyer at a state-run psychiatric hospital, a three-judge appellate panel ruled Tuesday
TRENTON — State officials cannot be sued in the 2005 attack of a government lawyer at a state-run psychiatric hospital, a three-judge appellate panel ruled Tuesday.
The case stems from a meeting on Sept. 22, 2005 in which Lorraine Gormley, then an attorney with the Department of the Public Advocate, met with a patient at Ancora Psychiatric Hospital in advance of a weekly court hearing. While sitting catty-corner at a small table, the patient struck her in the face several times and dragged her by her hair when she tried to run, according to court papers.
The patient, identified only as "B.R." in the court decision, had been identified by hospital staff as someone who should be within eyesight of a supervisor at all times. During the meeting with Gormley, there was no supervisor nearby.
Gormley said the state officials violated her constitutional right to due process by failing to protect her. In her suit, Gormley alleges a "stubborn and chilling indifference" of the officials to shield her from a "state-created danger."
Gormley sued the chief executive officer of Ancora and several government officials, including Jennifer Velez, commissioner of the Department of Human Services.
Superior Court Judge Paulette Sapp-Peterson wrote in her opinion that government officers are entitled to immunity, unless their conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known."
The court unanimously found the hospital staff didn’t deliberately violate Gormley’s constitutional right by failing to provide an safe workplace, and the defendants are entitled to immunity.
"We agree with the Court’s decision that the individual defendants in this case are entitled to qualified immunity," said Lee Moore, spokesman for the attorney general’s office. Gormley’s lawyer could not be reached for comment.
Related coverage:
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• Ancora Psychiatric Hospital worker charged with sexual assault of patient
• Attack at Ancora prompts lawmakers to overhaul mental health system