17-3506-pr Charles v. Orange County UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2018 Argued: September 25, 2018 Decided: May 24, 2019 No. 17-3506-pr MICHELET CHARLES, CAROL SMALL, Plaintiffs-Appellants, — v. — ORANGE COUNTY, STATE OF NEW YORK, ORANGE COUNTY SHERIFF’S DEPARTMENT, ORANGE COUNTY DEPARTMENT OF MENTAL HEALTH, CARMEN ELIZONDO, FORMER CLINIC DIRECTOR, ORANGE COUNTY CORRECTIONAL FACILITY, in her individual capacity, Defendants-Appellees, NICOLE KAYE, CLINIC DIRECTOR, ORANGE COUNTY CORRECTIONAL FACILITY, in her individual capacity, Defendant. B e f o r e: LYNCH and HALL, Circuit Judges, and BOLDEN, District Judge.* Plaintiffs-Appellants Michelet Charles and Carol Small were formerly civil immigration detainees at the Orange County Correctional Facility, where they were treated for serious mental illnesses. They instituted this civil rights action against Orange County and some of its agencies and officials under 42 U.S.C. § 1983, complaining that the failure to engage in discharge planning or to provide them with discharge plans upon release violated their substantive due process rights under the Fourteenth Amendment. The United States District Court for the Southern District of New York (Nelson S. Román, J.) granted the Defendants’ motion to dismiss the complaint. We VACATE and REMAND for further proceedings. DANIEL J. STUJENSKE, Simpson Thacher & Bartlett LLP, New York, NY (Thomas C. Rice, Simpson Thacher & Bartlett LLP, on the brief), Laura F. Redman, Antony P. F. Gemmell, New York Lawyers for the Public Interest, New York, NY for Plaintiffs-Appellants Michelet Charles and Carol Small. ANTHONY CARDOSO, Orange County Attorney’s Office, Goshen, NY, for Defendants-Appellees Orange County, State of New York, Orange County Sheriff’s Department, Orange County Department of Mental Health and Carmen Elizondo, Former Clinic Director, Orange County Correctional Facility, in her individual capacity. * Judge Victor A. Bolden, of the United States District Court for the District of Connecticut, sitting by designation. 2 Aaron M. Panner, Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Washington, DC (Ira A. Burnim, Judge David C. Bazelon Center for Mental Health Law, Washington, DC, on the brief), for Amici Curiae American Psychiatric Association, American Academy of Psychiatry and the Law, American Psychological Association, American Medical Association, National Association of Social Workers, American Public Health Association, and Judge David L. Bazelon Center for Mental Health Law, in support of Plaintiffs-Appellants. Jamie A. Levitt, Morrison & Foerster LLP, New York, NY, for Amici Curiae The Bronx Defenders, Brooklyn Defender Services, Community Initiatives for Visiting Immigrants in Confinement, Detention Watch Network, The Florida Justice Institute, Inc., Human Rights First, Immigrant Defense Project, The Immigrant Rights Clinic of Washington Square Legal Services, Inc., at NYU Law School, the Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law, The Legal Aid Society of New York, The Prison Law Office, Prisoners’ Legal Services of New York, and the Urban Justice Center Mental Health Project, in support of Plaintiffs-Appellants. Alexander M. Wilson, New York State Sheriffs’ Association, Albany, NY for Amicus Curiae New York State Sheriffs’ Association, in support of Defendants-Appellees. 3 GERARD E. LYNCH, Circuit ...
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