The plaintiff in the case, Daniel Gross, sued after spending 10 months in the locked ward of a Connecticut nursing home while under involuntary conservatorship.
Gross, an octogenarian New York resident, sought treatment in a Waterbury, Connecticut hospital in 2005. While there, a hospital employee filed an application for appointment of a conservator in Waterbury Probate Court. No one knows why.
The probate court appointed Jonathan Newman to represent Gross in the involuntary conservatorship action. Despite the fact that the hearing did not conform to the proper notice procedure, that Gross was not a Connecticut resident, and that Gross appeared to be alert and intelligent at the time of hearing, Newman concluded that there was no legal basis to deny the application
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The probate court named Kathleen Donovan as Gross' conservator. Soon thereafter, Donovan placed Gross in a "locked ward" in Grove Manor Nursing Home, where he stayed until the Connecticut Superior Court granted his habeas petition. (The Superior Court described Gross' conservatorship as a "terrible miscarriage of justice.")
Gross sued Donovan and Newman for civil rights violations. The district court dismissed his claims, reasoning that all three enjoyed quasi-judicial immunity.
Full Article and Source:
Elderly Man Can Sue Conservator, Attorney for Nursing Home Stay
See Also:
The Daniel Gross Case Decision: Standing Up for the Elderly and Infirm
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The probate court named Kathleen Donovan as Gross' conservator. Soon thereafter, Donovan placed Gross in a "locked ward" in Grove Manor Nursing Home, where he stayed until the Connecticut Superior Court granted his habeas petition. (The Superior Court described Gross' conservatorship as a "terrible miscarriage of justice.")
Gross sued Donovan and Newman for civil rights violations. The district court dismissed his claims, reasoning that all three enjoyed quasi-judicial immunity.
Full Article and Source:
Elderly Man Can Sue Conservator, Attorney for Nursing Home Stay
See Also:
The Daniel Gross Case Decision: Standing Up for the Elderly and Infirm
24 comments:
Letr's hope there's a quick win in the suit; appeal time is too long.
Perhaps justice is going to prevail in the Daniel Gross case. Congratulations Dee King and NASGA!
The line in the courts will be long when this case is won ........
so many are waiting to be freed and so many have lost their life savings.
So many have been denied justice when trying to file lawsuits to hold the predators accountable.
Woooooooooooohoooooooooooo! This is great news!
All of this happened with the approval of the court, yet the court is given a free pass. I hope they don't find a way to weasel out of accountability for their actions, and I hope somehow, someway the judge who approved this injustice be held accountable as well.
I wish to express my profound thanks to Daniel Gross, his family, and their attorneys for having the courage to bring this suit. So many similar cases are never brought to light due to the expense and difficulty of this type of litigation.
My mom was also abducted, falsely imprisoned, and unlawfully isolated. We filed suit against her conservator and the facility that kept her imprisoned. Just last week, San Bernardino County, CA Probate Court ruled that I do not have standing to sue for elder abuse of my mother. Only the abusive conservator has standing to sue. Family will standing only after my mother dies.
Our attorneys are currently researching the most effective approach for an appeal. If our appeal is successful, we would set legal precedent and change CA law. Loved ones would finally have standing to intervene in abuse before the victim dies at the hands of the abusers.
Fear is they won't win annom..because of the long line of injustice. The courts will not be able to handled it. Come on.....think reality..this is America that changes daily against what this country is founded on.
What a breath of hope for not only Daniel Gross but for others that have suffered similar atrocities at the hands of the courts...regarding conservators and guardians. I know the pain of watching your father being held against his will, isolated from you and any others that love him and are trying to help him. I sat at my fathers bedside as the affects of psychotropics and pain killers ending up taking his life...all at the hands of these people. Once again all for $$$$$$$$. SO HAPPY for Mr. Gross and family....this will give many HOPE that maybe things are starting to turn arounds
Getting scared Kathleen Donovan? You should be?
It's about time there are consequences for actions and inactions. Daniel Gross is fortunate that he was able to be set free but he is not alive to see the successful events and that's what the miscreants hope for, to be rid of the witnesses via old age, illness and death.
Cold cruel bunch with their eye on power, control leads to control of the money.
The protection industry is our country's true terrorists; these vultures have scouts and headhunters everywhere including HOSPITALS. What is the payback? The kickback?
B E W A R E
The only way to protect ourselves is to be informed and educated and the media and press needs to step up and shine light of truth on the dark dirty side of the protection racket.
This is going to be a major victory for victims and their families and for guardianship reform.
It is always about Money. Hopefully there is a chance for the "attorneys'" who are involved in this case.
We should not let out hopes rise too fast, because 95% of the victims, do not have the $$$$ to retain representaton. Not even in a "wrongful death" law suit, was anyone willing to fight fight for the remaining family of a veteran, wrongly retained and drugged.
What fantastic news! I am so happy for you, Dee, and I know all NASGA is happy to see the Daniel Gross case (Gross v. Rell) going all the way. Congratulations to you and a wink to your Dad watching this case from heaven.
Legal system out of control. Fox guarding the hens.
I am from Florida and this is running rampant in our state! It is horrible corruption and it starts high and trickles down! Please stop this sick miscarriage of Justice now!
Hoping the attempts to break through the judicial immunity barrier are succesful....
We have similar problems in Cook County, IL. When the judges on the 18th floor allow the exploitation, it is extremely difficult to find justice....
ifiedertKeep up the fight Gross family. Lucius Verenus, Schoolmaster, ProbateSharks.com
Hooray!
Reasoning that a conservator has immunity? Reasoning? That's not reasoning. That's UN-American.
As I recall, Dan Gross sued for $10 mil. Now wouldn't it be something if $10 mil was awarded? And it should be, for what they did to him and to his daughter.
Once again there is light at the end of the tunnel and it's shining brighter! Good going, Dee!
In Texas, Private professional guardians (which includes guardinship programs and incorporated guardianship companies), Ad Litems, and other guardianship cartel members are immune from liability per the State Probate Code. This is an obvious twist of law set to allow the abuses and exploitation we all are aware of, and lets the criminal perpetrators off the hook. Nazi Germany was like this too. The atrocities started in the courts. And just like here, today, no one would step forward. Is our future society destined to look back with the same shame and disgrace?
This is some of the best news I've had in the year since an estranged family member sued for an outside guardian for my mother in an effort to get herself as a live-in care giver. Even though the lawyers and judges all knew she was lying, that she had a long history of evictions for non-payment of rent, they ignored the constitution, state laws, and my mother's will, and granted her a secret hearing without any notice to the other relatives, allowed and even encouraged her to falsely accuse the Power of Attorney with priority for appointment of stealing money and elder abuse, while simultaneously preventing any other family members from testifying or even find out what had transpired in the secret hearing, and deliberately excluding my mother's own attorney from the proceedings. In one year the outside guardian and lawyers have gone through half of my mother's life savings.
Happy to see Dee King/Daniel Gross case making progress. This really is a world wide problem and brings to mind the Rita Denmark guardianship case involving a Professional Guardian, Jetta L. Getty owner of Young at Heart Elderly Services in Port Orange FL.
While physically healthy, a 76 yr. woman who WAS DOMICILED and RESIDED in Pennsylvania WITH ADVANCE DIRECTIVES in place took a trip to Florida with one of her daughters. Just days after their arrival a dispute between Denmark's children occured. The Court became involved and a Professional Guardian, Jetta Getty promised to sort out the problem and get Denmark home. Getty even purchased an airline ticket sending Denmarks daughter back to PA which they now believe was to get this daughter out of Getty's way.
It has been 5 yrs now and Denmark was never returned to her domicile state, her friends and family.
The Officers of Volusia County
Court; 3 attorneys and guardian Jetta Getty, who were ALL paid from Denmark's estate, NEVER told the judge that Denmark was a PA resident and domicile. There IS documentation in the Volusia County court record substantiating that they all knew! Yet nothing has been done about it.
Denmark's approx. $470,000.00 estate was converted into unnecessary legal fees for those same court officers; 3 attorneys, guardian fees for Getty, unnecessary rent and drug charges. Some of the drugs were specifically requested by Getty who has no medical degree!
Currently Jetta Getty has Denmark in an undisclosed location refusing to tell any family members where Rita is.
Getty has Denmark's Will but she did not file it with Volusia County Court. Why?
If you have information about this case, PLEASE contact NASGA.
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