Montgomery County Coroner Walter I. Hofman did not violate a woman's due process rights when he refused to release a suicide note written to her by her deceased son, a federal judge ruled on Jan. 23.
The Pennsylvania Record reports that U.S. District Judge Ronald Buckwalter dismissed a lawsuit filed last summer by resident Lisa Feldman against Hofman.
Feldman's son, Evan Clausen, committed suicide in September 2011. He left a suicide note to his mother and others on the dining room table of his home. When Hofman took possession of the body for a coroner's investigation, he also took possession of the suicide note.
According to court documents, Hofman returned Evan's possessions to Feldman on the same day he ruled the death a suicide, but he did not return the suicide note. When Feldman requested the note, Hofman told her it was his policy not to release such letters and that he would "never" return it.
Feldman sued Hofman, and the court issued a decree ordering Hofman to explain why he should not have to return the letter to Feldman.
After the decree, Hofman informed Feldman's attorneys that she could pick up the suicide note at his office. According to court documents, Feldman did so.
In July 2012, however, Feldman filed a second suit against Hofman, alleging that he had violated her Constitutional right to due process, intentionally inflicted emotional distress upon her, and had seized her property ― the suicide note ― without authorization.
In dismissing the the claims, Buckwalter ruled that Hofman was immune to Feldman's lawsuit because he is a government official and because his conduct did not "violate clearly established statutory or constitutional rights of which a reasonable person would have known."
Buckwalter did not comment on whether Hofman acted properly in withholding the suicide note for two months.
"We pass no judgment on whether Dr. Hofman's withholding of the letter was ethical or moral under the circumstances," Buckwalter wrote.
Read more:
- Judge rules Montco coroner didn’t violate due process rights in not turning over son’s suicide note to mother (Pennsylvania Record)
- Feldman v. Hofman (Justia.com)
The Republicans are cowards . We need a 3rd party quickly before it's too late.
not all libs are lacking morals but it's pretty obvious that their agenda is to take from those who produce and give to those who don't .. a clear lack of integrity
Those inherent rights you speak of belong to the people, by the people, for the people. Not just to Republicans! I could say more about my opinions and thoughts about Republicans in office today, but I won't. It has no place here.
Republican=stupid
If you can't see the direct correlation between this guys everyday decision making and his left wing politics then you need to up your meds.
I may be an idiot, but at least I can see this for what it is. His arrogance and his political stance are in alignment. If you don't think so, see my comment above - soon people just like him will be making all of your decisions. All thanks to democrat "politics". Sadly, but the time you realize your mistake, it will be way too late. Own it.
As if Republicans are so freaking perfect! Mr. Hofman obviously has some serious control issues and probably a personality disorder to do what he did to Lisa Feldman and her family. What he did has absolutely nothing to do with being a Democrat. The man is obviously a low form of fungus. But like I said earlier, Karma is a huge "B" and one day Mr. Hofman will know just how the Feldman family felt. Haven't any of you ever lost a loved one? Why don't you crazy Teabaggers take your Democrat bashing and post on Hofman's Facebook page. Take your fight to the front lines and tell your officials how you feel. It's easy and oh, so SAFE to post on a blog picking little fights just to get your kicks and giggles. Search on Facebook for Walter-Hofman-MD-Montco-Coroner, You can boohoo to him and tell him why you think Democrats are the equivalent to Godzilla, ready to reap destruction on your little Republican world. Who knows, maybe you'll actually make an impact...
Judging from the hysterical responses of democrats here, I am not sure they will ever get it.
There must a big-evil-rotten-sick-mindmelding Democrat conspiracy. All us Dems have secret meeting (every Tuesday from 6 to 8 pm) where we plot to take over all the suicide notes in the world! We're going to suck the life out of each and every Republican! We want your notes, your diaries, your computer so you can post anymore, but most of all we want your 8x10 photos of Ronald Regan. We going to take all your stuff, sell it for profit and give it to the poor, the children, the grief stricken, the hungry, the unemployed, the elderly, the mentally impaired (be comforted knowing you're going to get your share) and we're going to do all of this while you're sleeping. Get ready sweetheart, cause Here Comes Johnny!!! mahhahahahahannnn <snort>
my condolences to you and your family. Being a suicide survivor, I know how you feel. At a time when you should have been allowed to grieve in peace, you were instead given more misery. I hope the note your brother left gave you some closure. I sincerely wish things had turned out differently for him and for you. Given the opportunity, I could have enlightened him on what suicide really is and what it does to a family. I'm so sorry. I will say a prayer for your brother.
But I will take your bait. Nothing was gained for the democrats. There is no conspiracy. This was one man exercising the arrogance that unchecked Power and Control bring. This is simply the progression of how the world works. The end result is a dictatorship, whether fascist, communist, socialist, monarchist or whatever ideology you choose. America's founding fathers knew this, which is why we have a constitution that solely exists to limit government power. Democrats keep pushing for government to do more and control more. Mr. Hoffman is a prime example of what you get. Just because you don't happen to agree with this particular expression of it, you don't get to ignore the reality that experiences like this are multiplied across the country.
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