Section 1983 case

"The appeals court found that while the Supreme Court has established a right under the 14th Amendment of mentally competent individuals to decline life-sustaining measures, that does not apply to patients like Pouliot who were never able to express their wishes."

What is most amazing is that the Second Circuit denied the AG's claim of absolute immunity for their acts. See page 12 of the slip opinion for an excellent discussion of the immunity doctrines in Section 1983 cases.

The case is Blouin v. Spitzer (02-7997) and it was decided on 02/02/04.