April 16th, 2012

Before we jump into this landmark case from Connecticut, let’s take a very brief look at the procedural and factual history of Gross v. Rell (concurrence and dissent here).

Daniel Gross had a leg infection, which was treated in New York.  After being discharged from the New York hospital, he went to Waterbury to further convalesce.  He was admitted to Waterbury Hospital because of complications, and nine days later a hospital employee filed an application for appointment of conservator in Waterbury Probate Court.  An attorney was appointed for Gross in the involuntary conservatorship action.  A conservator was ultimately appointed, and a week or two later, the conservator placed Gross in the ‘locked ward’ of Grove Manor Nursing Home, Inc.

Gross filed a petition for a writ of habeas corpus, which was granted.  A free man, Gross then brought a claim in federal court alleging that his civil rights were violated by the conservator, the attorney, and the nursing home.  The federal court dismissed the case finding that the conservator, attorney, and nursing home were entitled to immunity from liability.  Gross appealed and the federal appellate court certified several questions of Connecticut law to the Connecticut Supreme Court, mostly dealing with the immunity questions.

Well, how did the Connecticut Supreme Court respond? (more…)