I claimant Dwayne Doxen a patient at [Manhattan Psychiatric Center,] a
non-secure state facility was escorted by two state safety officer[s], and one
staff member MHTA Mr. Daly in handcuffs behind my back to a Family Court hearing
and was restrained in handcuffs for [fifteen] (15) hours straight without having
the handcuffs remove[d] at all throughout the hearing. The handcuffs were tight
and cutting into my flesh, skin causing numbness, pain, and a scar to my wrist,
also causing pain to my shoulders, and back, pain and suffering.
This is defendant's motion to amend its answer by adding a counterclaim pursuant
to Mental Hygiene Law §43.03 for services rendered to Mr. Doxen at Kirby
Forensic Psychiatric Center and Manhattan Psychiatric Center. Defendant has
prepared a "claim" for services provided to claimant on various dates between
April 1, 1997 and March 31, 2003, totaling $853,926.99, based upon a daily rate
that varied from $403.54 to $624.17. See exhibit C to defendant's moving
papers. Mental Hygiene Law §§43.03(a) and (c) provide that involuntary
patients held under C.P.L. 320.20 are liable for the cost of their treatment.
Claimant concedes that he is an "involuntary patient held under C.P.L. 330.20
status . . ." He opposes this motion on the grounds that he is "being held
illegally by corrupt racist and bias[ed] psychiatrists [involuntarily] and
should not be held liable for services that [were] not needed." See
¶¶ 4 and 5 of claimant's September 4, 2003 "Affirmation in
Leave to amend shall be freely given if the opposing party is not prejudiced,
meaning that there must be some indication that claimant has been hindered in
preparing his case or has been prevented thereby from taking some measure in
support of his position. CPLR 3025(b); Loomis v Civetta Corinno Construction
Corp., 54 NY2d 18, 444 NYS2d 571 (1981), rearg denied 55 NY2d 801,
447 NYS2d 436 (1981). Claimant has identified no prejudice in this case.
To the extent that merit is a factor in granting leave to amend, defendant
satisfies same. See Carlon v Regan
, 98 AD2d 544, 471 NYS2d 896 (3d Dept
1984), affd as modified
63 NY2d 1011, 484 NYS2d 506 (1984); and Siegel
, 239 AD2d 115, 657 NYS2d 549 (1st Dept
In short, such decisions upheld the
right of the State to seek payment by way of offset for services provided by the
Department of Mental Hygiene. If he chooses, claimant may move to challenge
such right, on constitutional or other bases. See, e.g.
, Brown v
, 66 F Supp 2d 412 (EDNY 1999).
In view of the above, having reviewed the
IT IS ORDERED that motion no.
M-67331 be granted and within sixty (60) days of the filing of this Decision and
Order, defendant shall serve and file the amended answer annexed to its moving
papers as exhibit D.