Health & Hospital Corp. of Marion County v. Talevski

As Gorgi Talevski’s dementia progressed, his family placed him in the Valparaiso Care and Rehabilitation nursing home (VCR) (defendant). When Gorgi’s symptoms worsened rapidly, his family became suspicious. They subsequently learned that VCR was chemically restraining Gorgi using powerful psychotropic medications. When the medications were stopped, Gorgi regained some of his lost functions. Later the same year, VCR claimed that Gorgi was harassing female staff and residents. VCR relied on that claim to send Gorgi to a psychiatric hospital for days at a time. The third time, instead of accepting Gorgi back at VCR, VCR tried to permanently transfer him to a dementia facility over 90 minutes away without first notifying Gorgi or his family. The family filed a complaint with state authorities, but in the meantime, Gorgi became settled in the new facility. Gorgi’s wife, Ivanka Talevski (plaintiff), filed suit on Gorgi’s behalf against VCR; VCR’s owner, Health and Hospital Corporation of Marion County; and VCR’s operator, American Senior Communities (collectively, HHC) (defendants). The Talevskis’ claim, brought under 42 U.S.C. § 1983, asserted that HHC’s chemical restraint of Gorgi and transfer of Gorgi without notice violated the Federal Nursing Home Reform Act (FNHRA). HHC argued that FNHRA did not create private individual rights that were enforceable under § 1983. The district court agreed with HHC and dismissed the claim. The court of appeals reversed, and the United States Supreme Court granted certiorari.