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  1. #1
    Join Date
    Jan 2011

    Cool Suing a Nursing Home Over Civil Rights Violations

    My question involves civil rights in the State of New York: My understanding of the Grammer v. John J. Regional Center, and Joseph S. v. Hogan, is that that the Federal Nursing Home Reform Act, made it possible to sue any nursing home that receives Medicare & Medicaid payments from government, actional under 42 U.S.C. sec. 1983 for violation of civil rights. However, I received info that states private non-profits are exempt, that only state run facilities fall under this category -- is this true ? I was further told that for sec. 1983 action, the person/s must act under color of law, and that private non-profits don't fall under this category either. However, 18 U.S.C. sec. 242 specifically sates that Nursing Home Proprietors and security guards are also included as falling into definition of "color of law". Am I correct in stating that they are not exempt or are they ?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Suing a Nursing Home Over Civil Rights Violations

    Who told you this? If it's your lawyer, listen to your lawyer. If it's the village idiot, you get what you pay for.

    If you want somebody to brief this issue for you, I suggest hiring a law firm to do so.

    It's quite a lot to ask us to do for free.

    Joseph S. v. Hogan, 561 F. Supp. 2d 280 (E.D.N.Y. 2008).
    Grammer v. John J. Kane Regional Centers-Glen Hazel, 570 F. 3d 520 (3d Cir. 2009).
    42 U.S.C. 1983.

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