Recent Results

David M. Dince

David Dince Obtains Dismissal of Claims Against Court Appointed Psychiatrist – 2016

Plaintiff sued our assured psychiatrist and other defendants asserting civils rights violations in connection with her role in a Family Court neglect proceeding which culminated in his loss of parental custody. Our client was appointed by the court to perform a forensic psychiatric evaluation of the plaintiff. Plaintiff asserted claims against our client for violating his civil rights pursuant to 42 USC 1983 of the 14th Amendment as well as claims for defamation.

Plaintiff alleged that the psychiatric report submitted by our client submitted to the Family Court was wrongful and defamatory and violated his civil rights since no psychiatrist could perform an psychiatric examination and make a valid diagnosis in the short period of time our assured spent with him. We moved to dismiss on the grounds that our client was entitled to judicial immunity for her work performed in furtherance of the Family Court appointment as a psychiatric evaluator of the plaintiff. We also argued that the report in no way deprived the plaintiff of any rights guaranteed by the 14th Amendment including the right to life, liberty or property. She simply submitted a thorough report with recommendations as was directed by the court and the Department of Social Services. We also argued that the pleading requirements of defamation were not met.

While the motions were pending, the plaintiff kept communicating directly with the defendants bypassing their attorneys. Upon application, the court held a contempt hearing and issued an order directing plaintiff to cease all improper communications with the defendants. When the plaintiff failed to cease these communications, upon application, the Court held a further contempt hearing whereupon it used its discretionary power to dismiss the plaintiff’s case with prejudice.