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MOSHER v. NELSON

No. 09-1636.

589 F.3d 488 (2009)

William MOSHER, Individually and as Administrator of the Estate of William Mosher, Jr.; Carolyn Mosher, Brandon Mosher; Kacie Mosher; Kortney Mosher, Plaintiffs, Appellants, v. Kenneth NELSON, Individually and as Superintendent of Bridgewater State Hospital; Elizabeth Childs, individually and as Commissioner of the Commonwealth of Massachusetts Department of Mental Health; Kathleen M. Dennehy, individually and as Commissioner of the Commonwealth of Massachusetts Department of Correction, Bridgewater State Hospital; The Commonwealth of Massachusetts Department of Mental Health; Commissioner of the Commonwealth of Massachusetts; The Commonwealth of Massachusetts Department of Corrections; University of Massachusetts Medical School, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 17, 2009.

Attorney(s) appearing for the Case

Jerrold N. Arnowitz, with whom Arnowitz, Goldberg, and Mann, LLC, was on brief for appellees.

Daniel G. Cromack, Assistant Attorney General, with whom Martha Coakley, Attorney General, and Ronald F. Kehoe, Assistant Attorney General, were on brief for appellees.

Before LYNCH, Chief Judge, STAHL, Circuit Judge, and DiCLERICO, District Judge.

DiCLERICO, District Judge.

Following the death of their son at Bridgewater State Hospital ("BSH"), William and Carolyn Mosher ("the Moshers") brought a civil rights action, with related state law claims, against Kenneth Nelson, Superintendent of BSH; Kathleen Dennehy, Commissioner of the Department of Corrections; and Elizabeth Childs, Commissioner of the Department of Mental Health.1 The district court granted summary judgment for the...

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