Tuesday, October 10, 2017

Free Exercise Objections To Forced Hospital Admission on Sabbath Are Dismissed

In Davenport v. Pottstown Hospital Company, LLC, (ED PA, Oct. 6, 2017), a Pennsylvania federal district court dismissed on various grounds the free exercise claims in a lawsuit by a Jewish plaintiff who on his Sabbath, in violation of his religious beliefs, was transported to a hospital by vehicle and coerced into signing voluntary commitment documents.  Also at the hospital his request for Passover kosher meals was ignored. Some of the defendants were dismissed on qualified immunity grounds; others were dismissed on state actor and other grounds.  Plaintiff was permitted to move ahead on his claim for intentional infliction of emotional distress.