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GROSS v. RELL

Docket No. 08-2626-cv.

585 F.3d 72 (2009)

Daniel GROSS, Plaintiff, Carolyn Dee King, Plaintiff-Appellant, v. M. Jodi RELL, Governor, State of Connecticut, in her Official Capacity; Maggie Ewald, Former Acting Long-Term Care Ombudsman of the Connecticut Department of Social Services, in her Individual Capacity; Thomas P. Brunnock, Probate Judge for the District of Waterbury, in his Individual Capacity; Kathleen Donovan, in her Individual Capacity; Jonathan Newman, in his Individual Capacity; Grove Manor Nursing Home, Inc., in its Individual Capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Question Certified: October 27, 2009.

Attorney(s) appearing for the Case

Sally R. Zanger, Connecticut Legal Rights Project, Inc., Middletown, CT, for Plaintiff-Appellant.

Gregory T. D'Auria, Associate Attorney General for the State of Connecticut (Richard Blumenthal, Attorney General, Jane R. Rosenberg, Assistant Attorney General, Clare Kindall, Assistant Attorney General, of counsel), Hartford, CT, for Defendants-Appellees M. Jodi Rell, Maggie Ewald, and Thomas P. Brunnock.

Richard A. Roberts (Nadine M. Pare, James R. Fiore, of counsel), Nuzzo & Roberts L.L.C., Cheshire, CT, for Defendant-Appellee Kathleen Donovan.

Louis B. Blumenfeld (Lorinda S. Coon, of counsel), Cooney, Scully and Dowling, Hartford, CT, for Defendant-Appellee Jonathan Newman.

Jeffrey R. Babbin, Wiggin and Dana, LLP, New Haven, CT, for Defendant-Appellee Grove Manor Nursing Home, Inc.

Before: JACOBS, Chief Judge, STRAUB and HALL, Circuit Judges.

STRAUB, Circuit Judge:

For nearly a year beginning in 2005, Daniel Gross, an octogenarian, had a conservatorship imposed for his estate and person against his will. He was kept in a nursing home for ten months, until a Superior Court judge in Connecticut, citing "a terrible miscarriage of justice," granted his petition for a writ of habeas corpus and ordered him released. This lawsuit stems from that unfortunate series of events.

It is alleged that a probate...

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