Edmund J. Susman Jr. v. Ann Marie T. Sullivan, M.D., et al.

Summary

The United States District Court for the Western District of New York grants the federal defendants’ motion to dismiss claims challenging 18 U.S.C. § 922(g)(4), which restricts firearm possession by persons adjudicated as mentally defective or committed to a mental institution. The court concludes that it lacks jurisdiction over the claims against the federal officials because 42 U.S.C. § 1983 does not apply to federal actors and nonstatutory review is unavailable where an administrative certificate-of-relief process exists. The court also determines that a New York Mental Hygiene Law § 9.39 admission constitutes a disqualifying commitment under § 922(g)(4).

Holdings

1. The court lacked a jurisdictional vehicle for Susman's claims against the federal defendants because § 1983 does not apply to federal officials, nonstatutory review was unavailable while an adequate administrative remedy remained available, and any Bivens claim was barred by the existence of an alternative remedy.
2. Susman's constitutional challenge was not ripe because he had not pursued the available certificate-of-relief process and his asserted hardship could likely be remedied through that process.
3. Even assuming jurisdiction and ripeness, § 922(g)(4) is constitutional as applied to persons involuntarily committed under § 9.39 because nonpermanent disarmament of persons whose mental health renders them dangerous is consistent with the Nation's historical tradition of firearm regulation.

Questions Presented

1. Whether the court had subject matter jurisdiction over Susman's constitutional claims against federal officials where § 1983 does not apply to federal actors and an administrative certificate-of-relief process was available.
2. Whether Susman's constitutional challenge to application of 18 U.S.C. § 922(g)(4) was ripe where he had not pursued available administrative relief.
3. Whether, assuming jurisdiction and ripeness, applying § 922(g)(4) to persons involuntarily committed under New York Mental Hygiene Law § 9.39 violates the Second Amendment.

Disposition

other