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Suicide Note Suit Against Coroner Dismissed

A woman had alleged that Montgomery County Coroner Walter Hofman violated her due process rights by withholding a suicide note written to her by her deceased son.

 

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.

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Related Topics: Coroner, Montgomery County, Suicide, Walter Hofman, and due process

19401

11:48 pm on Friday, January 25, 2013

Unbelievable that this man takes it upon himself to keep a suicide note written by a son to his Mother. It is time for him to be removed from his position which seems to impower him to do what ever he wants with no regard for the rights of others.
The dead can not speak and this so called Coroner had no right to cause this Mother grief in not giving her the letter her son wrote to her so she could read his last words which were intended for her. Shame on him and all those in office who supported him which allows him to get away with it.

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teresa

7:14 am on Saturday, January 26, 2013

Doesn't things like that become evidences, though??? Maybe was something in it. You only know what is written & not all the facts to the story. I mean that's why the case was dismissed.

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KJB

7:43 am on Saturday, January 26, 2013

Teresa, that is why we have photocopy machines. IF the note had value as evidence, he could have made a copy, kept it and gave the original back to the mother.
There is NO EXCUSE for what Hoffman did to that poor woman and her family. My older brother committed suicide. I watched my mother cry for 14 years until God took her home. The anguish and grief a parent experiences at the death of a child is boundless. To create more heartache by withholding her son's last words is nothing less than cruel!!! I hope KARMA kicks Mr. Hoffman in the shorts one day soon. Sounds like the man needs a good spiritual lesson.

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teresa

7:47 am on Saturday, January 26, 2013

Kjb .. Yeah that is true. And I know how pain is my kids uncle died like 8 years ago in a car accident so I know the pain of seeing a mother loss of a child all to well.

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tom blair

8:00 am on Saturday, January 26, 2013

I agree with the comments. That coroner is arrogant. Government tends towards arrogance. That coroner needs to go.

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Golden Cockroach

9:43 am on Saturday, January 26, 2013

In the court of public opinion his behavior is judged as unethical and immoral and heartless. You are so right Tom, this public SERVANT is arrogant and it's time to lower his ears a couple notches. I am so damn weary of arrogance these days, it's permeated every nook and cranny of government, and now this too.

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S. Owad

10:27 am on Saturday, January 26, 2013

This same thing happened to me and my daughter- in -law in July of 2008. I do not know if the coroner was the same but the story is the same. My son took his life and we received his personal belongings in sealed bags but the 2 small notes written on post-it notes were withheld . Weeks after he was buried, and many phone calls to the coroner's office, we were able to pick up a "photo copy" of these 2 notes from my son. The originals were never returned. Is this procedure for the Coroner's duties? What is the reason for keeping my loved one's last words to us expecially after determining that there was no foul play concerning his suicide?

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marc

10:29 am on Saturday, January 26, 2013

It sounds like the judge was just as arrogant as the coroner. It disgusts me to people in power act like they have their own set of rules. Karma is a funny thing Mr. Hofman. I hope the Feldman family are there to watch it bite you in the *ss someday.

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KJB

2:13 pm on Saturday, January 26, 2013

S. Owad - I'm so sorry for your loss.

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Victor B. Krievins

2:48 pm on Saturday, January 26, 2013

This is the same coroner who covered up the medical examiner driving county vehicles who had DUI's and no Insurance when she hit three cars. After preassure he caved in and fired her

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Joan Shade Bangert

7:10 pm on Saturday, January 26, 2013

there are too many people who think they are God's, what good is keeping those notes, makes no sense to me, give them back to the greiving . makes you wonder who is protecting who..

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Tim Lewis

10:41 pm on Saturday, January 26, 2013

No surprise here - this is what happens when you elect democrats. The single issue that defines democrats is bigger government, because they know best. Liberal democrats ooze compassion - until reality hits.

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joei54

2:21 am on Sunday, January 27, 2013

The note was addtress to his mother. Left on her table in her home. No one had the right to STEAL what is legally hers. I am sure the coroner and the Judge have attended the same court house functions over the years and know each other. I am sure me Hofman was instructed Before the hearing to return the note by the judge. Since Mr Hofman told Mrs Felman he would 'never return' it to her when she asked for it. I remember being in a District Court and HEARD .. a now retired District Justice and the lawyer for a roofer making a deal to what the outcome of the hearing would be BEFORE the hearing began. Power is not always a good thing. Since all government officials are immuned to lawsuits the other party involved lost $5,000.00 of their hard earned money. It is a shame how SOME elected officials have no consciences. I do believe in Karma though... What goes around will come around one day when you least expect it and whack you in the face... I do feel badly for Mrs Feldman. She shouldn't had to pay a lawyer and go to court to get back what Mr Hofman had not business taking. I oftend wonder about the people who have to live with this abusers. Absuers of their power.

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Stop the madness

7:13 am on Sunday, January 27, 2013

Liberal Progressives are taking over the country... as we all can see. King Obama is now more brazen in his 2nd term . The Nanny State is here to stay.
The Republicans are cowards . We need a 3rd party quickly before it's too late.

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KJB

1:38 pm on Sunday, January 27, 2013

Personal integrity does not have a political affiliation. INTEGRITY is something each of us must choose to guide our behavior and how we affect those around us. Democrat or Republican, if Mr. Hofman is abusing his position of power, he should be removed from office!

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Stop the madness

3:34 pm on Sunday, January 27, 2013

agreed BUT for the most part Progressives push their liberal values on the masses with no regard for integrity.
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

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KJB

4:21 pm on Sunday, January 27, 2013

Um, but I think you've gotten off topic... this story is about a suicide and mother's grief and how Montgomery County Coroner Walter I. Hofman abused his his position of power. It is not about labeling people into one lump according to their political affiliations. Not all Republicans are "angels" either, not all are bad. We as a people must stand up for things that are wrong. I'm so tired and bored by simple minded answers for what is wrong with our politicians today. Democrats, Republicans, Liberals, Teabaggers, who gives a crap. People are being hurt, we must demand that our elected officials do what is right and what WE want them to do.

Tim Lewis

4:35 pm on Sunday, January 27, 2013

Sorry, KJG. I agree Republicans can be bad. But Mr. Hoffman's attitude is the life-blood of liberal democrats. He wears this label well. Who gives a crap? I do! Liberal democrats are incapable of integrity, because the theories and assumptions underneath run counter to the inherent rights recognized in the constitution (note I didn't say granted by the constitution) which is why our founding fathers tried to limit government in favor of personal responsibility. Government IS arrogance by nature.

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KJB

4:58 pm on Sunday, January 27, 2013

Tim Lewis, I'm a Democrat and a proud one, but DO NOT lump me in the same mold as Mr. Hoffman and his attitude. There are many Dems who won't agree with Mr. Hoffman actions. And there are MANY liberal Democrats who have a hell of a lot of integrity. I am one of them!!! My point is, if you hold a political office, you must be held accountable for what you do whether you are Republicans or Democrats. And again, this story is not about politics, it's about a man who is basically a douche for what he did to that poor woman and her family. When she should have been allowed to grieve in peace for her son, she was forced to hirer a lawyer retrieve property that belonged to her. Horrible horrible man!
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.

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Tim Lewis

6:13 pm on Sunday, January 27, 2013

Sorry, I agree with you that this was horrible, and that all politicians need to be accountable, and even that inherent rights are, by nature, inherent and apply to all - but this is as political as anything else. What Obama has done, beginning with "healthcare Reform" on to guns, comes from the same arrogant, shut-up-because-we-know-best attitude. What is worse than Mr. Hoffman, who is elected and will face the voters with his democrat accomplices, is the lifetime bureaucrat who has no accountability. Get ready for thousands of Mr. Hoffmans making Your healthcare decisions, determining whether you are worthy enough to own a gun, make "too much" money and countless other decisions.

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Mustang Driver

8:59 am on Monday, January 28, 2013

You're an idiot. It's not just democrats that do this don't bring politics into a mans choice to not return the letter. His political stance had nothing to do with this. Isn't there a political thread you can throw your stupid comments around in. Probably not because in there they would put you in your place.

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Tim Lewis

9:21 am on Monday, January 28, 2013

Michelle, what a great way to debate! Why are democrats so mean and intolerant?

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.

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Mustang Driver

12:42 pm on Monday, January 28, 2013

LOL go put on that tin foil hat of yours! Nothing like a person who thinks their is a conspiracy behind everything the govt does.

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Tim Lewis

1:01 pm on Monday, January 28, 2013

I didn't say anything about a conspiracy. It is simply the nature of government. I spend 25 years working in it, and I know what I am talking about. Why am I posting here? Because I happen to like the service Patch provides. What is your excuse?

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Mustang Driver

1:19 pm on Monday, January 28, 2013

I like to check on here to see people who blame every issue on politics it's so funny and ludacris!

patrick

11:00 pm on Sunday, January 27, 2013

Better to have dems than dumb pubs
Republican=stupid

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Stop the madness

9:16 am on Monday, January 28, 2013

I love when Liberals get their panties all in a knot.

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.

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KJB

10:31 am on Monday, January 28, 2013

OMG, how insane to blame EVERYTHING on one entire political party.
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...

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Tim Lewis

12:14 pm on Monday, January 28, 2013

If you think this is kicks and giggles, you are sadly mistaken. If you think this isn't about democrats, you are sadly mistaken. If you don't think I fight on the front lines every day against government arrogance, you are sadly mistaken.

Judging from the hysterical responses of democrats here, I am not sure they will ever get it.

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Mustang Driver

12:44 pm on Monday, January 28, 2013

If you're fighting on the front lines every day why are you posting on here?

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KJB

1:06 pm on Monday, January 28, 2013

Riddle me this, Mr. Lewis... What did the Democrats gain from withholding the Feldman's suicide note? Hmmm?
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>

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Tim Lewis

3:03 pm on Monday, January 28, 2013

KJG - Ha! That might be funny if it the issue wasn't so serious. It seems that the prevailing democrat tactic is still to misrepresent the argument, build phantom straw men, ridicule instead of presenting a logical response. You don't get it because you may be incapable of it, but I hope that one day you start thinking clearly.

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.

IJC

11:09 am on Monday, January 28, 2013

The amount of pain this man inflicted on my mother and my family is despicable. Power hungry, corrupt piece of trash. That about sums it up. Evan (Clauson, misspelled in this article) is my brother and I thank all of you for taking the time to share your opinions and stand up for my family.

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Stephen Eickhoff

1:09 pm on Monday, January 28, 2013

The ruling is technically appropriate, so perhaps we need legislation to force coroners and prosecutors to release all evidence following a not-guilty verdict or suicide. Clearly, this malcontent was irritated by Ms. Feldman's request and held the note out of spite. The note had no value to the government once he had submitted his suicide judgement as an expert.

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KJB

1:15 pm on Monday, January 28, 2013

IJC,
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.

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19401

1:33 pm on Monday, January 28, 2013

"IJC, my condolences to you and your family

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IJC

1:38 pm on Monday, January 28, 2013

KJB, and 19401 thank you both, sincerely.

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Heidi

5:51 pm on Monday, January 28, 2013

First, the article doesn't say she did not get to read the letter, only that she did not gain possession of it. Can we say, Chain of evidence? Second, how sad is it that she takes her anger and guilt out on somebody not responsible for her son? Why litigate instead of heal?

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Chris

7:43 pm on Monday, January 28, 2013

No comments about Judge Buckwalter? The same guy who gave Fumo a short sentence a few years back. Guess he's not on the people's side.

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joei54

10:01 am on Tuesday, January 29, 2013

It was her letter Hofman took and told her he would NEVER return it until a Judge suggest he do so. You are not a very compassionate person to assume she diodn't try to help her son. Who are you related to that is in politics?

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