A Horseheads woman who has sought guardianship of her brain-injured husband filed a civil suit this week claiming his civil rights have been violated.Sara Harvey filed the lawsuit Monday in U.S. District Court for the New York Western District in Rochester on behalf of her husband, Gary Harvey, described in court papers as a neurologically and physically incapacitated adult. She is seeking a jury trial.
Sara Harvey had sought legal guardianship of her husband, but the county Department of Social Services was appointed as his legal guardian indefinitely.
Harvey has said her husband has suffered under significantly inadequate care, and she fought in state Supreme Court for guardianship.
Among its charges, the federal suit alleges rehabilitation was not sought for Gary Harvey; his wife was not kept updated on his medical treatment or condition; he was deprived of an independent second medical opinion and evaluation; he was deprived of liberty without the due process of law; he was not protected against abuse, neglect, exploitation, conflicts of interest, fiduciary fraud and breeches of fiduciary duty; and he was not provided with family rehabilitative programs and discharge plans.
Sara Harvey is seeking a second medical opinion, unrestricted visits with her husband, removal of a guard in her husband's room during visiting hours, access to his medical records, returning him home, restoring his rights and seeking an unspecified amount in damages, according to the lawsuit.
Listed among the defendants are Gary Harvey's court-appointed lawyer, his court-appointed guardian, his designated guardian and the residential service provider, according to the lawsuit.
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Federal Suit Filed in Fight Over Horseheads Man's Care
Good for you, Sara Harvey! The state court failed to protect Gary Harvey.
ReplyDeleteHooray for Sara Harvey! It's too bad a person has to go to federal court just to get a second opinion! That's just how ridiculous Gary Harvey's court-appointed guardian has behaved in this case.
ReplyDeleteIt is my hope the federal court is a step above the state court in that the federal court will proceed with integrity.
ReplyDeleteGary Harvey needs to go home!
hey Norma lets not forget his court appointed attorney who failed him miserably.
ReplyDeleteI am rooting for you and Gary, Sara.
ReplyDeleteWay to go Sara! I am honored to know you. Gary is the most important person in your life, you have put him first, before yourself on a daily basis while the DEFENDANTS:
ReplyDelete1) Gary Harvey's court-appointed lawyer,
2)his court-appointed guardian,
3) his designated guardian and
4)the residential service provider,
are working in concert to force you to be separated from your husband.
You are honoring your marriage vows:....til death do us part.
Shame shame shame on those who are causing Gary pain and suffering.
Good - I hope all the defendants will be held accountable!
ReplyDeletewhat would I give to be a fly on the at that law firm. Congrats and prayers to you.
ReplyDeleteA Case to Watch. And America IS watching. If Sara Harvey is successful, this case will bring down the Guardianship Cartel in her area. It will be interesting to see if (and how) the Feds relegate their responsibility back to the offending State Court...And if Sara will be afforded HER RIGHT to a Jury Trial.
ReplyDeleteThe state court should be embarrassed that this suit has been filed in federal court. And it's their fault. They could have prevented it by doing the right thing for Gary Harvey.
ReplyDeleteI am looking for a big win!
The state court should be embarrassed that this suit has been filed in federal court. And it's their fault. They could have prevented it by doing the right thing for Gary Harvey.
ReplyDeleteI am looking for a big win!
Interesting who is watching the Gary Harvey Case.......
ReplyDeleteThe New York State Senate...
http://newsclips.senate.state.ny.us/search.jsp?term=gary+harvey
Good case. Sara, just make sure you get a REAL LAWYER. It will make your case even stronger.
ReplyDeleteI am rooting for you and Gary 1000%! And I know you will win. Every single law this country was built on has been violated! We will all be at the victory party!
ReplyDelete