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BURROUGHS v. HOLIDAY INN

No. CIV-85-33T.

621 F.Supp. 351 (1985)

Brian J. BURROUGHS, Plaintiff, v. The HOLIDAY INN, Rochester, New York; the City of Rochester, New York; Strong Memorial Hospital; and the Rochester Psychiatric Center, Defendants.

United States District Court, W.D. New York.

October 29, 1985.

Attorney(s) appearing for the Case

Brian J. Burroughs, pro se.

Nixon, Hargrave, Devans & Doyle (Mary Anne Rodgers, of counsel), Rochester, N.Y., for Holiday Inn.

Osborn, Considine, Reed, Van de Vate & Burke (Jeffrey M. Wilkins, of counsel), Rochester, N.Y., for Strong Memorial Hosp.

Louis N. Kash, Corp. Counsel, (Michael J. Looby, of counsel), Rochester, N.Y., for City of Rochester.

Carlos Rodriguez, Rochester, N.Y., for Rochester Psychiatric Center.

SUPPLEMENTAL DECISION and ORDER

TELESCA, District Judge.

"In 42 U.S.C. § 1988, Congress quite clearly instructs federal courts to refer to state statutes when federal law provides no rule of decision for actions brought under Section 1983." Board of Regents of the University of the State of New York v. Tomanio, 446 U.S. 478, 484, 100 S.Ct. 1790, 1795, 64 L.Ed.2d 440 (1980) (internal quotations and brackets omitted...

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