I. UNNECESSARY HOSPITALIZATION/FALSE IMPRISONMENT

Anderson v. Village of Forest Park, 606 N.E.2d 205 (Ill.App.Ct. 1992)(seizure and involuntary hospitalization by police officers and paramedics may give rise to constitutional claims under 4th Amendment which is not subject to state immunity provisions of mental health code or tort claims act; assault and battery claims are precluded by immunity provisions of mental health code, but not tort claims act since they are intentional acts; removal of plaintiff from house for evaluation at local clinic is discretionary decision protected by state immunity)

Arthur v. Lutheran Gen. Hosp., Inc., 692 N.E.2d 1238 (Ill.App.Ct.1998)(false imprisonment cause of action exists for an individual involuntarily committed in violation of the statutory time limit)

Bass v. Parkwood Hosp., 180 F.3d 234 (5th Cir. 1999)(a private hospital, its hospital counselor and the county in which it is sited were not state actors and could not be held liable in a civil rights action brought by a man who was involuntarily civilly committed to the hospital after he sought out-patient counseling; the hospital and the counselor could be held liable for false imprisonment and malicious prosecution under state (Mississippi) law)

Bodor v. Horsham Clinic, 1995 WL 472111 (E.D.Pa. 1995)(court dismisses a civil rights and false imprisonment suit by man who was involuntarily transported to a hospital emergency room and then committed to a mental health clinic, finding that hospital and doctors were not state actors and that they were acting pursuant to state statute)

Boston v. Lafayette County, 743 F.Supp. 462 (N.D.Miss. 1990)(detention of mentally ill detainee in jail itself did not violate due process; deviation from county's standard practice, rather than practice itself, significantly contributed to detainee's death)

Bowles v. New York, 617 N.Y.S.2d 712 (N.Y.App.Div. 1994)(man who claims state negligently diagnosed him as mentally retarded and subsequently confined him for five years filed timely claim for negligence and false imprisonment; state is estopped from claiming the man has no disability which would toll the statute of limitations since it committed him)

Brand v. University Hosp., 525 S.E.2d 374 (Ga. Ct. App. 1999)(factual dispute existed as to whether a hospital that detained a woman in psychiatric ward for nearly two days after she had a seizure acted intentionally to confine her)

Celestine v. United States, 841 F.2d 851 (8th Cir. 1988)(hospital staff was justified in placing patient under restraint and detaining him until he could be examined by staff psychiatrist, and that no false imprisonment or battery had occurred)

Clark v. Cohen, 794 F.2d 79 (3rd Cir. 1986)(damages awarded for unnecessary/excessive institutionalization)

Caminero v. Rand, 882 F.Supp. 1319 (S.D.N.Y. 1995)(person committed to state hospital for evaluation without any notice of the reason for his confinement or the opportunity to challenge the confinement, without a determination of whether the evaluation could be conducted in less restrictive setting, and without any independent finding of dangerousness stated a civil rights claim against the hospital)

Chadwick v. Al-Basha, 692 N.E.2d 390 (Ill.App.Ct. 1998)(because a mental patient's suit against a psychiatrist alleged violations of the Mental health and Development Disabilities Code rather than malpractice, patient did not have to produce affidavits and reports as required for a malpractice action)

Crain et al. v. Martinez, et al, 1994 WL 391672 (M.D.Fla. 1994)(court dismissed §1985 claims against private defendants and county school board for conspiring to detain minor in mental health facility but permitted §1983 claims to proceed; court also found that a social worker was neither a health care provider nor a professional under state laws governing the statute of limitations for malpractice actions)

Crawford v. Regents of the University of California, 13 Cal. Rptr. 2d 278 (Cal.Ct.App. 1992)(court affirms award of $52,000 for six day illegal detention and involuntary medication of psychiatric patient by university hospital and physicians; court rejects statutory immunity for good faith commitment because it was in violation of a court order)

Cunningham v. South Lake Center for Mental Health, 924 F.2d 106 (7th Cir. 1991)(where private medical contractor in state prison discharges employee for reporting resident abuse, discharge is not actionable under §1983, since contractor is not state actor; court rejects arguments that contractor was designee of warden, acted in concert with warden, or had delegated authority from warden)

Demarco v. Sadiker, 952 F.Supp. 134 (E.D.N.Y. 1996)(material dispute of fact precludes summary judgment on claim that psychiatrist's inadequate evaluation resulted in patient's unnecessary hospitalization)

Dick v. Watonwa, 562 F.Supp. 1083 (D.Minn. 1983)(illegal confinement creates liability)

Di Cola v. Fulmele, 1994 WL 171352 (E.D.Pa. 1993)(complaint sufficiently alleged joint action between private psychiatrist and police officers as to render the former's actions taken under color of state law; hospital is dismissed as not being liable for doctor's decisions)

Doby v. DeCrescenzo, 171 F.3d 858 (3d Cir. 1999)(individual's due process rights were not violated when she was involuntarily committed after writing a letter to her employer that contained suicidal references; she cannot bring a §1983 action against the employer because he was entitled to qualified immunity; she cannot bring a §1983 action against the evaluating physician because his conduct did not amount to gross negligence or willful misconduct)

Doby v. DeCrescenzo, 1995 WL 385100 (E.D.Pa. 1995)(court refuses to dismiss claim by woman whose boyfriend conspires with co-workers at mental health center to involuntarily admit her to psychiatric hospital when she ends relationship with him)

Florida v. Lee, 655 So.2d 304 (Fla.Dist.Ct.App. 1995)(court reverses jury verdict holding state agency liable to female resident of DD facility who gave birth to child; agency was entitled to immunity for discretionary act of allowing woman with mental retardation access to normal opportunities and risks of pregnancy)

Foshee v. Health Management Associates, 675 So.2d 957 (Fla.Dist.Ct.App. 1996)(woman who was coerced and deceived into signing a voluntary application had claim for false imprisonment against psychiatric center, its doctor and nurse; since complaint did not involve allegations of medical malpractice, pre-suit notice is not required; court rejected a constitutional claim since private doctors and clinic were not state actors)

Gooden v. Howard County, Md., 954 F.2d 960 (4th Cir. 1992)(police officers are immune for detaining citizen and transporting her to hospital for psychological evaluation, based upon mistaken belief that sounds of male and female voices in apartment was product of multiple personality)

Glass v. Mayas, 794 F.Supp. 470 (E.D.N.Y. 1992)(physicians entitled to qualified immunity for decision to involuntarily hospital based upon reasonable belief of danger to others)

Halvorsen v. Baird, 146 F.3d 680 (9th Cir. 1998)(the confinement of a detainee for six hours overnight in a private detoxification facility was not too short to trigger a due process right to an opportunity to communicate with someone outside the facility, for purposes of the detainee's §1983 claim against the facility for being held incommunicado)

Higgins v. City of Oneonta, 617 N.Y.S.2d 566 (N.Y.App.Div. 1994)(pursuant to state statute, police lawfully took into custody man with mental illness who did not present immediate danger to self or others; statute made officer's detention privileged, precluding claims of false arrest and false imprisonment)

In re J.M., 556 Pa. 63 (Pa.Sup.Ct.1999) (state high court reversed appeals court and found woman's due process rights were not violated when she was served with a warrant for an emergency mental health evaluation; high court ruled appeals court erroneously applied probable cause inquiry required for criminal warrants and not less stringent reasonable grounds requirement applicable to warrants for emergency mental health evaluations; high court found reasonable grounds to believe JM was mentally disabled and in need of immediate treatment)

James H. v. Ohio D.M.H., 439 N.E.2d 437 (OhioCt.App. 1982)(inappropriate institutionalization results in finding of liability)

Kennedy v. Shafer, 71 F.3d 292 (8th Cir. 1995)(voluntary patient in state psychiatric facility may have been effectively deprived of ability to act on her own and leave the hospital, thereby becoming a de facto involuntary patient who is entitled to constitutional protection from harm)

Kulak v. City of New York, 88 F.3d 63 (2d Cir. 1996)(physicians exercised reasonable professional judgment in evaluating and committing and medicating person with mental illness; confinement claims are barred by issue preclusion since these claims had been unsuccessfully raised in habeas action)

Lee v. Alexander, 607 So.2d 30 (Miss.S.Ct. 1992)("voluntary admission" to private hospital, signed by adult person's mother, is invalid circumvention of state commitment law; court reverses dismissal of false imprisonment action against private hospital, mental health center, and private physician)

Liles v. P.I.A. Medfield, 681 So.2d 711 (Fla.Dist.Ct.Ap. 1996)(malpractice pre-screening requirements do not apply to false imprisonment case based upon failure to comply with statutory commitment requirements)

Lubera v. Jewish Association for Services for the Aged, 1996 W.L. 426375 (S.D.N.Y. 1996)(inadequate evaluation and inappropriate determination that person is dangerous present a triable claim of false imprisonment and malpractice; claims against hospital and social service agency are dismissed for lack of evidence of any policy of committing non-dangerous persons)

Manley v. Manley, 353 S.E.2d 312 (S.C.Ct. App. 1987)(court affirms dismissal of suit by mother against two children and husband for involuntarily committing her to hospital)

McKinney v. George, 726 F.2d 1183 (7th Cir. 1984)(no liability for good faith commitment)

Moore v. Wyoming Medical Center, 825 F.Supp. 1531 (D.Wyo. 1993)(seizure by police and paramedics and involuntary transportation to mental health clinic may give rise to constitutional and state law causes of action; the private defendants not entitled to immunity under Wyatt v. Cole and the municipality is not entitled to immunity under Monell)

Murphy v. Lynn, 903 F.Supp. 629 (S.D.N.Y. 1995)(in malicious prosecution action, plaintiff must prove a post-confinement deprivation which rises to the level of a constitutional violation)

M.V. v. Charter Terre Haute Behavioral Health Sys.,Inc., 706 N.E.2d 1083 (Ind.Ct.App. 1999) (voluntarily-admitted patient's claim that he had been detained at a mental health facility after he filed a written request for release constituted a claim for false imprisonment, not medical malpractice)

Orwick v. Fox, 828 P.2d 12 (Wash.Ct.App. 1992)(summary judgment was properly entered in favor of state employees on arrestee's claims for deprivation of federally protected rights and for assault, false imprisonment and outrage arising from medical treatment given while defendant was under police hold)

Petty v. Texas Department of Mental Health & Retardation, 848 S.W.2d 680 (Tex.S.Ct. 1992)($550,000 for excessive and unnecessary institutionalization; award reduced to $250,000 because of state tort claims cap; no finding of constitutional violations)

Pino v. Higgs, 75 F.3d 1461 (10th. Cir. 1996)(police officers were entitled to qualified immunity since they acted reasonably and in conformity with New Mexico's civil commitment statute when they detained and transported an individual alleged to be suicidal to a psychiatric facility)

Plumadore v. New York 427 N.Y.S.2d (N.Y.App.Div. 1980)(liability for improper admission)

Reese v. Nelson, 598 F.2d 822 (3rd Cir. 1983)(qualified, good faith immunity for improper hospitalization)

Reida v. Cape Cod Hospital, 634 N.E.2d 122 (Mass.App.Ct. 1994)(emergency detention provision of the Massachusetts civil commitment statute did not require a hands-on physical or psychiatric examination before seeking the involuntary detention of a person on the basis of mental illness; the physician who applies for an involuntary admission has a different role and lesser responsibility than the doctor who actually admits)

Reiser v. Prunty, 727 P.2d 538 (Mont.Sup.Ct. 1986)(three-day involuntary hospitalization, undertaken without compliance with certain procedures and which promptly results in release, does not entitle resident to damages for violation of emergency detention statute)

Riffe v. Armstrong, 477 S.E.2d 535 (W.Va.Sup.Ct. 1996)(where hospital psychiatrist falsely asserts that he examined person before filing commitment papers, there is valid claim for false imprisonment, unnecessary restraint, malpractice, and intentional infliction of emotional distress)

Ringuette v. City of Fall River, 146 F.3d 1 (1st Cir.1998)(police officers had qualified immunity in detaining an individual in protective custody beyond 12 hours even though Massachusetts statute's 12-hour limitation on protective custody was intended as a fundamental limitation on state authority to hold an apparently intoxicated person; although further confinement could be an unreasonable seizure, the unreasonableness was mitigated by officers' offers to release the person, which were refused, the belief he remained incapacitated and the implicit willingness to release him when he said he was ready)

Rodriguez v. City of New York, 72 F.3d 1051 (2d Cir. 1995)(doctors who committed person with mental illness may be liable in damages for wrongful confinement if decision violated accepted standards of professional judgment in evaluating and treating persons petitioned for emergency detention; assessment of proper professional standards is jury question and cannot be resolved on summary judgment)

Rzayeva v. Foster, 134 F.Supp.2d 239 (D.Conn. 2001)(police officer's actions in having an individual removed from her apartment and subjected to a mental examination at a hospital did not violate the due process clause because the officer had reasonable cause, under the Connecticut statute governing civil confinement, to believe the individuals was a danger to self or others)

Sassali v. DeFauw, 696 N.E.2d 1217 (Ill.App.Ct. 1998)(initially authorized detention under the mental health code can become a false imprisonment when there is failure to comply with filing requirement for commitment procedure)

Sutkiewicz by Sutkiewicz v. Carlson, 850 F.Supp. 579 (E.D.Mich. 1994)(plaintiff committed to psychiatric institution after he was charged with murder sued detectives who charged him. It was jury question whether plaintiff would have been subject to continued commitment in absence of murder charge, since evaluating psychiatrist said he was very much influenced by belief that probable cause existed to believe plaintiff had committed murder)

Tracz v. Charter Centennial Peaks Behavioral Health Sys., Inc., 9 P.3d 1168 (Colo. Ct. App. 2000)(court upheld dismissal of false imprisonment suit brought by an involuntarily committed patient because due process does not require an in-person evaluation by a physician prior to a 72-hour commitment; court upheld dismissal of patient's medical negligence claim because she failed to present expert testimony that the psychiatrist failed to meet required health care professional's standard of care)

Turner v. Texas Dept. of Mental Health and Mental Retardation, No. 03-95-00277-CV (Tex.Ct.App.March 6, 1997) (summary judgment affirmed for state mental health and mental retardation department and its employees who were sued for false imprisonment in both state and federal courts under a §1983 claim by an individual brought to the state hospital by police and detained on an emergency basis, examined and found to have mental illness)

Wagenmann v. Adams, 829 F.2d 196 (1st Cir. 1987)(court affirms verdict of $315,000 in compensatory and punitive damages for false arrest and detention of disabled person in state hospital)

Williams v. Lopes, 64 F.Supp.2d 37 (D.Conn.1999)(police officers who seized and transported an individual to a hospital psychiatric ward for involuntary commitment were entitled to qualified immunity as to §1983 claims of unlawful seizure of plaintiff's person, use of excessive force and unlawful re-entry of residence because they had reasonable belief that she was dangerous to herself and others and in need of immediate treatment; examination at the hospital revealed superficial abrasions, and the officers re-entered the residence to collect items for temporary care of her child and seek information to enable them to contact family members)

Yeager v. City of Claflin, 1998 WL 160997 (D.Kan. Mar. 4, 1998)(man's threats to kill himself and/or his children gave police probable cause to arrest him and take him to a hospital for a mental health evaluation)

Young v. City of Philadelphia, C.A. 95-2948 (E.D.Pa. May 31,1996)(police counselor who threatens officer into voluntary committing herself is not entitled to qualified immunity in case alleging false imprisonment, even though psychiatrist ultimately determined that officer needed mental health treatment)

II. FAILURE TO HOSPITALIZE

Brown v. Carolina Emergency Physicians, 560 S.E.624 (S.C.App. 2001)(psychologist was qualified to testify as an expert in the diagnosis and treatment of mental illness; his affidavit could be a causal link to show that an emergency physician's failure to diagnose and treat a patient's acute delusional psychosis proximately caused the patient to kill her 16-month-old son; however, patient's need for involuntary hospitalization not supported because there was no evidence that she posed a danger to herself or others)

Clark v. N.Y., 472 N.Y.S.2d 170 (N.Y.App.Div. 1984)(liability for failure to institutionalize person with disability)

Gilchrist v. City of Linonia, 599 F.Supp. 260 (E.D.Mich. 1984)(liability for failure to institutionalize person with disability)

Gilmore v. Buckley, 608 F.Supp. 554 (D.Mass. 1985), aff'd. 787 F.2d 714 (1st Cir. 1986)(no duty to hospitalize; no claim under §1983)

Hamman v. Co. of Maricopa, 775 P.2d 1122 (Ariz.Sup.Ct. 1989)(psychiatrist has duty to protect public, at least where victim is identifiable or in zone of danger, even in absence of specific threats)

Laird v. Naidu, 539 A.2d 1064 (Del.Sup.Ct. 1988)(psychiatrist is liable for $1.4 million for releasing hospital resident who subsequently kills decedent, based upon violation of duty to protect public and to commit dangerous persons)

Miltz v. Ohel, 627 N.Y.S.2d 891 (N.Y.Sup.Ct. 1995)(parents are under no duty to commit their son, who lived in a community group home, to a more secure institution; since group home had custody of the resident, any duty would be on the home)

Paul v. Plymouth General Hospital, 408 N.W.2d 492 (Mich.Ct.App. 1987)(emergency room doctor who was not a psychiatrist had no special duty to mentally disabled woman to commit her or to refer her to psychiatric treatment, since she was admitted only for medical care)

Peterson v. Washington, 671 P.2d 230 (Wash.Sup.Ct. 1983)(liability for failure to petition for involuntary commitment)

Tolton v. American Biodyne, Inc., 854 F.Supp. 505 (N.D.Ohio 1993)(estate of man who committed suicide sued employee benefits plan and hospital and emergency room physicians for failure to provide proper treatment and violations of Emergency Medical Treatment and Active Labor Act. The court found that ERISA supercedes all state law claims against employee benefit plans and that the man was not in imminent danger when he went to hospital emergency rooms, nor was he denied treatment for lack of insurance coverage. Therefore, summary judgment was granted to all defendants)

Wilson v Formigioni, 42 F.3d 1060 (7th Cir. 1994)(voluntary patient had no entitlement to be involuntarily committed and therefore could not sue for injuries after leaving facility without authorization or supervision)

III. INADEQUATE EVALUATION

Bell v. NYC Health and Hospitals, 456 N.Y.S. 2d. 787 (N.Y.App.Div. 1982)(liability for inadequate evaluation)

Clark v. New York, 472 N.Y.S.2d 170 (N.Y.App.Div. 1984)(liability for inadequate evaluation)

Doe v. McNulty, 630 So.2d 825 (La.Ct.App. 1993)(court affirms jury award of $700,000 against doctor for failure to make timely diagnosis of HIV infection)

Fleming v. HCA Health Services of Louisiana, 676 So.2d 839 (La.Ct.App. 1996)(hospital has duty to adequately evaluate indigent patient in a suicidal emergency)

Hamilton v. Reynolds, 341 N.W.2d 152 (Mich.Ct.App. 1983)(court dismisses suit against doctor for granting pass to resident who subsequently left hospital and killed third party)

Jablonski v. U.S., 712 F.2d 391 (9th Cir. 1983)(failure to obtain records)

Jackson v. East Bay Hosp., 246 F.3d. 1248 (9th Cir. 2001)(court affirms dismissal of mental patient's medical negligence case under the Emergency Medical Treatment and Active Labor Act because ER staff provided medically adequate screening even though they misdiagnosed patient's cardiac condition as a psychological problem)

Klassette v. Mecklenburg Co. Area MH/MR and SA Auth., 364 S.E.2d 179 (N.C.Ct.App. 1988)(when friend brought disabled person to MH center for emergency care, center had duty to either admit or refer client; duty to care is not limited to persons admitted for treatment -- extends to prospective clients as well)

Kokensparger v. Athens Mental Health Center, 578 N.E.2d 916 (OhioCt.Cl. 1989)(mental health center's failure to conduct tests that would have revealed a patient's brain tumor made the center liable for his death)

Laird v. Naidu, 539 A.2d 1076 (Del.Sup.Ct. 1988)(medical director is not liable for transferring patient to open treatment ward)

Lubera v. Jewish Association for Services for the Aged, 1996 W.L. 426375 (S.D.N.Y. 1996) (inadequate evaluation and inappropriate determination that person is dangerous present a triable claim of false imprisonment and malpractice; claims against hospital and social service agency are dismissed for lack of evidence of any policy of committing non-dangerous persons)

Martin v. Smith, 438 S.E.2d 318 (W.Va.Sup.Ct. 1993)(psychiatrist's negligent evaluation, excessive medication, and inappropriate treatment of involuntarily committed resident resulted in individual's suicide; damages to mother, who had mental retardation, includes costs of her support, under liberal reading of "dependent" in wrongful death statute)

Medley v. Davis, 529 N.W.2d 58 (Neb.Sup.Ct. 1995)(court reverses summary judgment in favor of defendant psychiatrist, finding that a patient who submitted an affidavit from his treating physician challenging the appropriateness of the defendant's prescription of Stelazine raised a genuine issue of fact sufficient to defeat summary judgment)

O'Sullivan v. Presbyterian Hospital, 634 N.Y.S.2d 101 (N.Y.App.Div. 1995)(hospital and doctor negligently diagnosed and treated severely depressed man who subsequently committed suicide; although mere errors in judgment do not give rise to liability, failure to conform to professional standards of conduct would support malpractice claim)

Paul v. Plymouth General Hospital, 408 N.W.2d 492 (Mich.Ct.App. 1987)(emergency room doctor who was not a psychiatrist had no special duty to mentally disabled woman to commit her or refer her to psychiatric treatment, since she was admitted only for medical care)

Reida v. Cape Cod Hospital, 634 N.E.2d 122 (Mass.App.Ct.1994)(emergency detention provision of the Massachusetts civil commitment statute did not require a hands-on physical or psychiatric examination before seeking the involuntary detention of a person on the basis of mental illness; the physician who applies for an involuntary admission has a different role and lesser responsibility than the doctor who actually admits)

IV. INADEQUATE TREATMENT/MEDICAL CARE

Anderson v. St. Francis - St. George Hospital, 671 N.E.2d 225 (OhioSup.Ct. 1996)(hospital's decision to treat in emergency situation, despite no-code order approved by family, is negligent; however, since state does not recognize tort of wrongful life, no damages can be awarded)

Arnold ex.rel. H.B. v. Lewis, 803 F.Supp. 246 (D.Ariz. 1992)(prison officials deliberately indifferent to mental health needs of inmate who was frequently secluded without the provision of necessary psychiatric care)

Bellard v. Willis Knighton Med. Ctr., 786 So. 2d 218 (La. Ct. App. 2001)(court affirms jury verdict that ER nurse did not breach applicable standard of care in having security remove a paranoid and psychotic patient instead of notifying the ER doctor and detaining patient for treatment)

Boles v. McKinney, 443 N.W.2d 679 (Wisc.Ct.App. 1989)(hospital was negligent in care given psychiatric patient in emergency room; county was not relieved of liability on basis of public policy argument that recovery would place unreasonable burden on public hospital emergency rooms)

Bremenkamp v. Beverly Enterprises , 762 F.Supp. 884 (D.Kan. 1991)(court refuses to dismiss suit by nursing home resident who fell and broke leg due to inadequate staffing and monitoring)

Clark v. Donahue, 885 F.Supp. 1159 (N.D.Ind. 1995)(court denies summary judgment as to whether patient who was voluntarily admitted twenty-five years ago was still voluntary and therefore not entitled to constitutionally adequate care; hold harmless clause in initial admission form may be void as against public policy, because of unequal bargaining power of the parties)

Clark v. Donahue, 885 F.Supp. 1164 (N.D.Ind. 1995)(nonprofessional state hospital workers are not entitled to summary judgment on immunity grounds, since it was clearly unsafe for a patient to be housed for extended periods of time in a cold room; standard for deliberate indifference was clearly established)

Cobb v. Nizami, 851 F.2d 730 (4th Cir. 1988)(S/L bans recovery, where resident unnecessarily restrained, detained, and harmed)

Critchfield v. McNamara, 532 N.W.2d 287 (Neb.Sup.Ct. 1995)(hospital nurses have duty to report deterioration of child born with serious disabilities to doctor, in order that additional treatment could be instituted. The duty to report changes in a patient's condition is basic to appropriate medical care)

Diaz-Ferrante v. Ridell, C.A. 95-CV-5430 (E.D.Pa. Aug. 5, 1996)(psychiatrist and prison hospital which allowed suicidal inmate to refuse care without any further diagnosis or treatment were deliberately indifferent; court rejects federal and state statutory immunity defenses)

Dolihite v. Maughon, 74 F.3d 1027 (11th Cir. 1996)(adolescent who attempted suicide in state mental health facility, who is then taken off close off close observation by private psychiatrist under contract with state, and who subsequently hangs himself in room does not state claim for violation of his constitutional rights; fact that adolescent received only eight hours of treatment during seventy days of hospitalization, was restrained for fourteen hours, was held in dorm restriction for ten days, and remained in time-out for sixty-four hours did not constitute inadequate treatment and unnecessary restraint; plaintiffs' expert affidavits concerning medication, restraint, abuse, neglect, and inhumane conditions of confinement do not support finding that hospital doctors and administrator failed to exercise professional judgment, since affidavits lacked requisite specificity in describing reasons for conclusions; affidavits stating that supervising psychologist and administrator knew of client beatings and staff abuse were not sufficient to support claim of violation of clearly-established constitutional rights; even though administrator knew of danger from bar in closet which plaintiff used to hang himself, failure to remove bar did not constitute violation of clearly-established right; allegations of excessive restraint and seclusion indicated poor clinical practices but not constitutional violations; although private psychiatrists are state actors, their actions in failing to prescribe medication, provide treatment, and remove close observation did not violate professional judgment, despite plaintiff's expert affidavit stating actions were substantial departure from professional standards; social worker who was aware of adolescent's suicidal threats was not entitled to qualified immunity, but staff psychologist and private psychiatrists were, since they did not violate clearly-established rights; commissioner and associate commissioner also entitled to qualified immunity)

Drogin v. Campbell, 928 S.W.2d 205 (Tex.Ct.App. 1996) (medical treatment team at state psychiatric hospital are not immune from personal liability for discretionary medical decisions which led to person's suicide)

Ehlinger v. Sipes, 454 N.W.2d 754 (Wis.Sup.Ct. 1990)(court finds that where causal relationship between negligence and harm can only be inferred, it is sufficient for the plaintiff to prove that the omitted treatment was intended to prevent harm which occurred, and that treatment could have lessened or avoided resultant injury)

Erbstoeszer v. American Casualty Co, 486 N.W.2d 549 (Wis.Ct.App. 1992)(lack of supervision by nurse while accompanying hospital resident on grounds, who is injured from fall, does not violate state statutory right to treatment, since there was no failure to provide specific treatment)

Jess v. Wagner, 1996 W.L. 689066 (E.D.Pa. 1996)(county prison officials not liable for inmate's suicide, since there was no evidence that at time of admission inmate posed a clear risk of suicide although he had attempted suicide several times previously; absence of special training on suicide prevention, non-compliance with national standards, acknowledged understaffing, and the failure to obtain resources available to improve prison program do not prove unconstitutional custom or policy sufficient to establish municipal liability)

Kirsch v. Thompson, 717 F.Supp. 1077 (E.D.Pa. 1988)(treatment program was unacceptable and violated involuntary committee's due process rights)

Lawson v. Dallas County, 286 F.3d 257 (5th Cir.2002)(jail medical personnel treating a paraplegic inmate exhibited deliberate indifference to his serious medical needs in violation of the Eighth Amendment and did not follow instructions requiring dressing changes three times a day and regular medication)

Leshore v. County of Worcester, 945 F.2d 471 (1st Cir. 1991)(the provision of psychiatric care by a prison social worker rather than a psychiatrist did not constitute deliberate indifference under 42 U.S.C. §1983)

Lombardo v. Stone, 2001 WL 940559 (S.D.N.Y. Aug. 20, 2001)(forensic psychiatric center patient may proceed with §1983 claims that staff violated his rights when they assaulted him and denied his requests for a bedpan when he was in restraints; but defendants were entitled to summary judgment on claims alleging improper staff supervision, failure to provide requested videotape, improper involuntary medication, failure to periodically release from restraints while sleeping, and denial of food and water)

Melville v. Washington, 793 P.2d 952 (Wash.Sup.Ct. 1990)(no duty to provide mental health services to inmates of correctional facility)

Patten v. Nichols, 272 F.3d 829 (4th Cir. 2001)(claims by involuntarily committed psychiatric patients that they have been denied medical care must be measured under the professional judgment, rather than deliberate indifference, standard; even though patient died of coronary artery disease, a doctor and a social worker satisfied this standard)

Rehm v. Lenz, 547 N.W.2d 560 (S.D.Sup.Ct. 1996)(psychologist's negligent marital counseling is not a medical malpractice claim but instead should be analyzed under breach of contract and fraud principles; continuing tort exception to statute of limitations does not apply to mental health center which no longer supervises psychologist)

Rosen v. Chang, 758 F.Supp. 799 (D.RI. 1991)(prison doctor's improper diagnosis of repeated complaints that ultimately led to inmate's death from appendicitis constituted deliberate difference)

Rouse v. Plantier, 182 F.3d 192 (3d Cir. 1999)(vacated lower court's grant of summary judgment for prison officials based on qualified immunity and remanded for consideration as to whether officials violated Eighth Amendment rights of a class of inmates with varying kinds of insulin-dependent diabetes; conduct that violates the rights of insulin-dependent diabetics who require intensive medical treatment may not violate the rights of more stable insulin-dependent diabetics)

Sharpe v. South Carolina DMH, 354 S.E.2d 778 (S.C.Sup.Ct. 1984)(court finds state immune for discretionary decision to release patient of state hospital who subsequently harms third person, but not as to obligation to provide treatment or notify police)

Tabor v. Doctors Memorial Hospital, 563 So.2d 233 (La.Sup.Ct. 1990)(failure to admit drug overdose patient who later committed suicide; refusal to treat is substantial factor in causing death)

Truman v. Genesis Associates, 894 F.Supp. 183 (E.D.Pa. 1995)(family which contracts with counselling center for treatment of daughter's bulimia can sue under contract and in tort for implanting false memories which caused deterioration in daughter's condition)

Tuman v. Genesis Associates, 935 F.Supp. 1375 (E.D.Pa. 1996)(court denies summary judgment to therapist in suit by parents of woman with bulimia whose condition deteriorates and who escapes from hospital, based upon claim that therapist committed malpractice in encouraging woman to detach from parents)

Wackwitz v. Roy, 418 S.E.2d 861 (Va.Sup.Ct. 1992)(suicide does not bar wrongful death action against hospital doctors for inadequate treatment and negligent release)

Williams v. Hartman, 587 N.E.2d 1024 (Mass.Sup.Jud.Ct. 1992)(voluntary resident of state hospital has no constitutional right to freedom from harm or minimally adequate treatment, even if individual has been institutionalized for years and is no longer able to understand meaning of voluntary status)

V. FAILURE TO PROTECT FROM HARM

Ahn v. Kim, 678 A.2d 1073 (N.J.Sup.Ct. 1996)(court reverses judgment for hospital and doctor whose actions contributed to the escape and eventual, unexplained death of person, finding that trial court should not have given an instruction on a presumption of suicide)

Andrea N. v. Laurelwood Convalescent Home, 16 Cal. Rptr. 2d 894 (Cal.Ct.App. 1993)(court of appeals reinstates jury award of $7.5 million to woman with profound disabilities who was raped by nursing home attendant; rejects trial judge's conclusion that severity and complexity of her disability prevented her from experiencing pain and suffering; since attendants' actions were not those of medical professional, award is not subject to malpractice cap on noneconomic damages)

Armijo v. Wagon Mound Public Schools, 159 F.3d 1253 (10th Cir.1998)(public high school principal and counselor were potentially liable for the death of special education student who committed suicide after being suspended and driven home without parental notification; triable fact questions precluded summary judgment for the principal and counselor on a due process claim brought by student's parents on the "creation of danger" theory; but no school district officials could be held liable for a due process violation based on a special relationship because although the student was confined in the counselor's car en route to his house, the relationship ended once the student left the car)

Associated Health Systems v. Jones, 366 S.E.2d 147 (Ga.Ct.App. 1988)(statute restricting nursing home in taking actions to restrain residents applied to physical restraint or isolation of particular resident and did not prevent nursing home from restricting resident from access to specified areas of facility; nursing home owes contractual and statutory duty of care and protection to its residents to prevent harm to them and duty of supervision over any resident whose propensity to cause harm to others is known or should have been known to management; award of punitive damages was improper)

Baumgardner v. S.W. Va. Mental Health Institute, 442 S.E.2d 400 (Va.Sup.Ct. 1994)(state's sovereign immunity precludes suit involving the restraint and death of a resident of a state hospital; treatment provided pursuant to a court order is considered within the discretionary act exception to Virginia's Tort Claims Act)

Berlak v. Villa Scalabrini Home for the Aged, 671 N.E.2d 768 (Ill.App.Ct. 1996)(nursing home can be liable for treble damages and attorney's fees for resident who falls in wheelchair in which she was restrained)

Brown v. Kennedy Krieger Inst., Inc., 997 F.Supp. 661 (D.Md.1998)(genuine issues of material fact existed as to whether a community residential center acted unreasonably in caring for an adult resident with mental retardation who was injured on several occasions, and as to whether the center was acting under the color of state law at the time of the injuries)

Brown v. New York, 444 N.Y.S.2d 304 (N.Y.App.Div. 1981)(duty to protect suicide victim)

Bushey v. Derboven, 946 F.Supp. 96 (D.Me. 1996)(complaint by estate of person who dies as a result of a hospital employee's dispensing the wrong medication states a claim against a state hospital doctor of a violation of the resident's substantive due process right to minimally-adequate treatment)

Carroll v. Sisters of Saint Francis, 868 S.W.2d 585 (Tenn.Sup.Ct. 1993)(hospital visitor who was pricked by needle cannot recover for emotional distress arising from fear of contracting HIV; any consequential damages are limited to the period between the discovery of exposure and a diagnosis of no infection)

Castillo v. U.S., 552 F.2d 1385 (10th Cir. 1982)(injury not foreseeable and not proximately caused by any failure of staff)

Champagne v. United States, 513 N.W.2d 75 (N.D. 1994)(in damage action for inadequate care of individual who committed suicide, comparative fault of individual in committing suicide could be assessed although suicide was not a superseding cause of death that would absolve provider of any responsibility)

Charleston v. Larson, 696 N.E.2d 793 (Ill.App.Ct.1998) (psychiatrist not liable for injuries sustained by a nurse after one of his patients attacked her)

Childness v. Madison County, 777 S.W.2d 1 (Tenn.Ct.App. 1989)(failure to properly supervise disabled student while swimming; family's release of liability precluded suit by parents but not by student, since guardian cannot waive rights of ward)

Clausing v. San Francisco Unified School District, 271 Cal. Rptr. 72 (Cal. Ct. App. 1990)(no duty on school to prevent abuse under either state constitution or corporal punishment statute)

Clift v. Fincannon, 657 F.Supp. 1535 (E.D.Tex. 1987)(liability for drowning of state school resident in whirlpool in state school)

Cobb v. Nizami, 851 F.2d 730 (4th Cir. 1988)(S/L bars recovery, where resident unnecessarily restrained, detained, and harmed)

Cole v. Fromm, 94 F.3d 254 (7th Cir. 1996)(psychiatric aides who allowed suicidal person, who was on lowest level of suicide precautions, to have access to plastic bag which he used to commit suicide were not deliberately indifferent)

Coley v. Castillo, 115 F.Supp. 2d 1383 (M.D. Ga. 2000)(physician at state mental hospital did not act with deliberate indifference when she failed to restrain a patient who later strangled another patient; physician was entitled to qualified immunity under §1983 because she had not violated the decedent's constitutional rights)

Comiskey v. N.Y., 418 N.Y.S.2d 223 (N.Y.App.Div. 1979)(duty to suicide victim)

Comstock v. McCrary, 273 F.3d 693 (6th Cir. 2001)( prison psychologist who took a prisoner off suicide watch violated his Eighth Amendment right to continuing medical care by disregarding a known suicide risk; because this right was firmly established at the time, the psychologist was not entitled to qualified immunity)

Cowan v. Doering, 545 A.2d 159 (N.J.Sup.Ct. 1988)(court affirms $600,000 award to patient who jumped from second-story window of hospital; issue of contributory negligence should not be submitted to jury)

Creasy v. Rusk, 696 N.E.2d 442 (Ind.Ct.App.1998)(reversed summary judgment granted to the defendant because there were material issues of fact as to whether a person who is institutionalized with a mental disability owes a duty of care to refrain from conduct that results in injury to a caregiver)

Cunningham v. Vincent, 650 N.Y.S.2d 850 (N.Y.App.Div. 1996)(van company is liable for $2.5 when person's wheelchair falls over from defective lift; court rejects jury finding of contributory negligence due to a lack of a proper cushion and belt on chair, holding that van company had duty to provide new cushion and ensure that a seat belt is secured prior to transporting person)

Davis v. Holly, 835 F.2d 1175 (6th Cir. 1987)(failure to prevent client rape and self injury did not violate clearly established rights)

Davis v. Rennie, 997 F.Supp. 137 (D.Mass.1998)(involuntarily-admitted state hospital patient had a constitutional right to protection against violence while in state custody; subsequent retractions of notifications of intent to leave the hospital, which stated he agreed to stay on a voluntary basis, did not establish voluntary admission because they did not comply with state law)

Davis v. Rennie, 264 F.3d 86 (1st Cir. 2001)(mental health care personnel not entitled to qualified immunity against a claim of excessive force brought by an involuntarily committed patient who was thrown to the floor and beaten about the head by a co-worker in an alleged restraint attempt; personnel who witnessed the incident had a legal duty to intervene but did not)

Dolihite v. Videon, 847 F.Supp. 918 (M.D.Ala. 1994)(rejecting qualified immunity when adolescent was severely injured in suicide attempt)

Durham v. Nu'Man, 97 F.3d 862 (6th Cir. 1996)(state hospital security officer who witnessed beating of patient but took no action could be liable under §1983 even though he did not participate in assault, since officer had duty to protect resident; nurse who witnessed event but failed to intervene is also responsible for constitutional violation)

Duvall v. Cabinet for Human Resources, 920 F.Supp. 111 (E.D.Ky.1996)(federal court dismissed civil rights damage action for breach of duty to care filed by guardian of injured voluntary resident of a state-operated facility for individuals with mental retardation because the ward was a voluntary resident, and thus, the state assumed no constitutional duty for his safety or welfare; court summarily dismissed plaintiff's negligence actions based on deliberate indifference or failure to use professional judgment)

Estate of Conners by Meredith v. O'Conner, 846 F.2d 1205 (9th Cir. 1988)(involuntarily committed patient killed in hospital by penal patient)

Feagley v. Waddill, 868 F.2d 1437 (5th Cir. 1989)(summary judgment not proper where experts conflict over facts of death of resident of retardation facility)

Ferrari v. Woodside Receiving Hospital, 624 F.Supp. 899 (N.D.Ohio 1985)(liability for death of patient with mental illness due to substandard medical care)

Fialkowski v. Greenwich Home for Children, 683 F.Supp. 203 (E.D.Pa. 1987), aff'd 921 F.2d 459 (3rd Cir. 1990)(community residence is liable, even though client is voluntary resident, when client dies from eating sandwich, since he was not properly monitored)

Fields v. Senior Citizens Center, 528 So.2d 573 (La.Ct.App. 1988)(where elderly nursing home resident wanders away from home and is killed, court awards $200,000 to widow and $92,500 to daughter; rejects contributory negligence defense, holding that actions of disabled person cannot be said to relieve defendant of duty to care)

Freman v. St. Clare's Hospital, 548 N.Y.S.2d 686 (N.Y.Sup. Ct. 1989)(hospital violated its duty to protect its patients from injury and could be held liable for injury sustained while patient was raped by another patient while she was in multiple restraints and unsupervised in emergency room)

Gann v. Delaware State Hospital, 543 F.Supp. 268 (D.Del. 1982)(duty to suicide victim)

Gann v. Schramm, 606 F.Supp. 1442 (D.Del 1985)(suicide in mental health institution)

Garrett v. Rader, 831 F.2d 202 (10th Cir. 1987)(liability for death of adolescent resident in institution while in restraints)

Gilbert v. Texas Mental Health and Mental Retardation, 919 F.Supp. 1031 (E.D. Tex. 1996)(defendants denied summary judgment due to questions of fact as to the cause of an involuntary patient's fatal injury and the degree to which defendants were aware of his ambulatory problems; court unable to rule on defendants' qualified immunity because court could not determine if defendants had failed to properly exercise or rely on professional judgment; factual issues remained regarding defendants' alleged failure to accommodate patient's ambulatory problem, which directly related to exercise of proper care determination)

Goss v. Sullivan, 839 F.Supp. 1532 (D.Wyo. 1993)(prisoner attacked by another inmate with HIV cannot sue state officials for failure to protect him from harm or inadequate medical care, because officials are immune under 11th Am. and are not persons under §1983; lack of intentional harm precludes 8th Am. claim)

Greffey v. Alabama Dept. of Corrections, 996 F.Supp. 1368 (N.D.Ala.1998)(in a §1983 claim alleging the state and its employees violated Eighth Amendment rights of a prisoner who committed suicide, prison officials were not deliberately indifferent to his suicidal tendencies; prison psychologist who evaluated him had qualified immunity)

Gunnerson v. N.Y., 463 N.Y.S.2d 853 (N.Y.App.Div. 1983)(negligent supervision)

Hare v. City of Corinth, Miss., CA 91CV248-D (N.D.Miss. Nov. 22, 1996)(state's duty to protect an inmate from suicide does not require that person had a known mental illness, where jail officials knew of pre-trial inmate's suicidal threats)

Henrickson v. Rottman Psychiatric Institute, 573 N.E.2d 1238 (OhioCt.Claims 1989)(court dismisses suit by resident of mental health facility for injuries sustained when attacked by other resident; facility does not have duty to prevent all attacks, particularly when not clearly foreseeable or when cost of monitoring other residents would be prohibitive)

Herer v. Burns, 577 F.Supp. 762 (W.D.Va. 1984)(death of involuntarily committed person in hospital, following seizure results in finding of liability)

Hofflander v. St. Catherine’s Hosp., Inc., 635 N.W.2d 13 (Wis. Ct. App. 2001)(involuntary psychiatric patient may sue a psychiatric hospital and its management company for injuries sustained when she climbed out a third-floor window because defendants had a special relationship with the patient and should have foreseen that she would try to escape; patient may pursue claim that a loose air conditioner unit in her room that caused the injuries constituted an unsafe condition)

Hothem v. Fallsview Psychiatric Hospital, 573 N.E.2d 803 (OhioCt.Cl. 1989)(hospital was not negligent in its supervision of newly admitted patient and its care of other patient, as it was not foreseeable that newly admitted patient would attack other patient)

Humana of Kentucky, Inc. v. Akers, 1990 WL 186449 (Ky.Ct.App. 1990)(appeals court reverses a $942,744 judgment for a psychiatric patient who sustained injuries when she jumped out of her hospital window; jury should have judged the defendants' actions based on an ordinary negligence standard, not on a statutory standard based on the administrative regulation, since the regulation was neither specific nor precise)

Jankee v. Clark County, 585 N.W.2d 913 (Wis.Ct.App. 1998)(contributory negligence will not bar a patient's action against a county for failing to provide him proper supervision and a safe place at its psychiatric facility where the patient lacks the capacity to control or appreciate his conduct due to mental illness)

Jones v. State of Rhode Island, 724 F.Supp. 25 (D.R.I. 1989)(during restraint at state mental hospital, patient was subjected to strangle hold causing death; defendants in official capacities dismissed; claims including those against administrators for inadequate training of staff sustained on motion to dismiss; right to continued family association under First Amendment rejected; pendent state constitutional claims considered)

Kennedy v. Schafer, 71 F.3d 292 (8th Cir. 1995)(there was a genuine issue of material fact as to whether a minor who was admitted voluntarily to a state hospital was an involuntary resident with a protected liberty interest in safety and treatment, thereby precluding summary judgment; minor had been restrained and could not be released at her request or that of her parents)

Keyworth v. Southern Baptist Hospitals, 524 So.2d 56 (La.Ct.App. 1988)(hospital owed duty to patient to take extra precautions to prevent patient from getting out of bed without assistance based on prior incidents in which patient was able to get out of bed despite doctor-ordered precautions; $225,000 damage award for hip injury suffered by patient in fall was supported by evidence)

Kolpak v. Bell, 619 F.Supp. 359 (D.C.Ill. 1985)(client beaten to death in retardation institution)

Kyle K. v. Chapman, 208 F.3d 940 (11th Cir. 2000)(court ruled that even though health services technicians at a state hospital are not professionals, they were entitled to qualified immunity from a §1983 claim that they failed to protect an autistic child from self abuse, but court refused to grant health services technicians qualified immunity on separate count of physical abuse because the parents' allegations were specific enough to support their claims that the technicians violated the child's right to a safe environment)

Larson v. Miller, 55 F.3d 1343 (8th Cir. 1995)(even though jury finds that school bus driver sexually abused disabled student, court finds no evidence of a pattern of unconstitutional behavior on part of school district to justify liability under §1983; but actions of school superintendent hiding facts concerning bus driver can give rise to liability under §1985(3), since under ADA persons with disabilities are a class protected against discriminatory animus)

Lor v. Pennsylvania, 2000 WL 186839 (E.D.Pa. Feb. 4, 2000)(the estate of an involuntary patient who was killed by another patient may sue hospital employees under §1983 because the decedent had a substantive right to safe conditions under the Fourteenth Amendment, and under the professional judgment standard, the plaintiffs established a sufficient causal link between the hospital employees' actions and the patient's death)

Marroquin v. Life Management Center for Mental Health and Mental Retardation Services, 927 S.W.2d 228 (Tex.Ct.Ap. 1996)(state-funded day program is not responsible for allowing a client to leave the program and engage in sexual activity, since the program's decision not to lock the doors nor closely monitor when clients left and returned from the site was not negligent or unreasonable)

Martin v. City of League City, 23 F.Supp.2d 720 (S.D.Tex. 1998)(allegations that city police failed to protect mentally disturbed individual from committing suicide by leaving him by himself did not state a substantive due process claim; police did not restrain liberties of individuals, who was not taken into custody, institutionalized or imprisoned)

McAdams v. Salem Children's Home, 701 F.Supp. 630 (N.D.Ill. 1988)(death by gastric asphyxiation, staff member used "basket hold" physical restraint technique on child)

Mercer v. HCA Health Servs. of Texas, Inc., 2002 WL 192570 (Tenn.Ct. App. Feb. 7, 2002)(psychiatrist who discharged a suicidal patient prior to the expiration of the involuntary commitment period was not entitled to quasi-judicial immunity for the patient's suicide; operator of the hospital could be held liable for failing to inform the psychiatrist of the patient's mental health history)

Meyer v. Walls, 471 S.E.2d 422 (N.C.Ct.App. 1996)(state agency liable up to state tort claim cap for negligent actions which resulted in person's suicide; state employees and physician only liable for willful and malicious acts)

Millhoff v. Ohio Department of Mental Health, 594 N.E.2d 170 (OhioCt.Cl. 1991)(hospital personnel were not negligent in relation to patient's rape by fellow patient)

Monahan v. Dorchester Counseling Center, Inc., 961 F.2d 987 (1st Cir. 1992)(state psychiatric facilities did not have to take affirmative steps to protect a voluntary resident of a community program who sought but was denied admission to an inpatient setting; no constitutional liability when client sustains severe injuries while being transported between residence and facility)

Nelson v. Department of Mental Health, 629 N.E.2d 1099 (OhioCt.Cl. 1992)(county mental health center not negligent in bathtub drowning of client with organic brain syndrome who had

seizure, when his treatment plan did not call for one-on-one supervision while bathing and did call for the least restrictive environment possible)

Niece v. Enview Group Home, 904 P.2d 784 (Wash.Ct.App. 1995)(group home has duty to safeguard residents from foreseeable consequences of their disabilities; employer is also liable for failure to properly supervise an employee's conduct which goes beyond the scope of his employment where employer had prior knowledge of employee's dangerous tendencies; court rejects common carrier strict liability standard for group homes)

Northwest Ga. Regional Hosp. v. Wilkins, 469 S.E.2d 786 (Ga. Ct. App. 1996)(appeals court reversed summary judgment for the estate of a patient with mental illness and developmental disabilities who died after leaving state facility for a personal care home because the state and its employees had sovereign immunity for discretionary acts related to that placement; whether the patient should have been released to a private care home was a matter of discretion involving competing economic and social considerations specifically exempted from the sovereign immunity exception)

Overall v. Indiana, 525 N.E.2d 1275 (Ind.App.Ct. 1988)(released patient who was killed just after leaving hospital could bring wrongful death action against state)

Owens v. City of Fort Lauderdale, 174 F.Supp.2d 1282 (S.D.Fla. 2001); 174 F.Supp.2d 1298 (S.D.Fla. 2001)(city's failure to either prohibit the use of neck restraints by police officers or to train police officers in their safe application did not constitute deliberate indifference to detainees' Fourth Amendment rights; city was not on notice of the need for neck-restraint policy because reports of two similar previous incidents had not been substantiated; county hospital where off-duty police officers were employed was not liable under §1983 for detainee's death because survivors failed to show that hospital's policy or lack of policy with respect to officers' training regarding neck restraints was per se unconstitutional; only one unsubstantiated report of a previous alleged choking was presented)

Palliol v. Sura, 652 F.Supp. 1517 (D.Conn. 1987)(suicide after release to outpatient program for mentally ill)

Ramirez v. Oklahoma Dept. of Mental Health, 41 F.3d 584 (10th Cir. 1994)(officials of Oklahoma Dept. of Mental Health were not entitled to qualified imunity for civil rights claims by psychiatrist and nurse that they were disciplined for reporting that a mental health aide who was allegedly infected with the HIV virus had abused a patient)

Randolph v. Cervantes, 950 F.Supp. 771 (S.D.Miss. 1996)(woman who receives outpatient treatment at a government mental health center but who is not confined in state custody could not recover under § 1983 for self-inflicted injuries caused by her gaining access to dangerous instruments; at most defendants' actions were negligent and not deliberately indifferent)

Robey v. Chester County, 946 F.Supp. 333 (E.D.Pa. 1996)(psychologist liable for prison inmate's suicide when he orders removal of close observation based upon inmate's denial of suicidal intent; severity of inmate's psychiatric condition justifies finding of deliberate indifference)

Rodebush v. Oklahoma Nursing Homes, 867 P.2d 1241 (Okla. 1993)(upholding 1.2 million dollar punitive damage award against nursing home whose employee, hired without a check of his criminal background, slapped patient)

Rodgers v. Horsley, 39 F.3d 308 (11th Cir. 1994)(hospital administrators are entitled to qualified immunity in suit by patient who was raped while involunatrily committed, since obligation to adequately supervise resident who was on medical observation was not clearly established, despite Romeo)

Rodriguez v. City of New York, 72 F.3d 1051 (2nd Cir. 1995)(involuntary commitment may violate patient's due process rights if the responsible physician did not conform to applicable community standards for ordering confinement in a psychiatric facility)

Sabo v. O'Bannon, 586 F.Supp. 1132 (E.D.Pa. 1984)(duty to protect resident with mental retardation who choked on food allegedly due to excessive sedation by medication in state hospital)

Seiner v. Michigan D.M.H., 323 N.W.2d 642 (Mich.Ct.App. 1982)(no duty to resident to prevent harm under state law)

Shapiro v. Chapman, 520 A.2d 1330 (Md.Ct.App. 1987)(award of $2 for compensatory and punitive damages for serious abuse is upheld, despite challenge that nondisabled person would have been awarded much more)

Shively v. Ken Crest Ctrs. for Exceptional Persons, 2001 WL 209910 (Del. Super. Ct. Jan. 26, 2001)(entity that provides residential facilities and support services to residents with mental impairments may be held liable to a boy who was sexually assaulted by another resident because the entity and the other resident shared a special relationship which imposes a duty to control that resident's conduct)

Siklas v. Ecker Center for Mental Health, 617 N.E.2d 507 (Ill.App.Ct. 1993)(mental health center could be held liable for breaching a duty to exercise reasonable care in the independing living services it voluntarily provided to a client)

Skan v. City of Lincoln, 599 F.2d 253 (8th Cir. 1979)(no duty to prevent harm to resident of state institution)

Smith v. U.S., 437 F.Supp. 1004 (E.D.Pa. 1978)(liability for foreseeable suicide)

Spivey v. Elliott, 41 F.3d 1497 (11th Cir. 1995)(appeals court reaffirms earlier decision that although the state's special relationship with a student at a residential school for the deaf created a duty to protect him from sexual assault by classmate, officials entitled to qualified immunity because the duty was not clearly established at the time the assault occurred)

Viero v. Bufano, 925 F.Supp. 1374 (N.D.Ill. 1996)(Court denies summary judgment in suit by mother of juvenile inmate who committed suicide while in custody of Illinois Dept. of Corrections; defendants were not entitled to qualified immunity; and probation officer was not entitled to quasi-judicial immunity)

Walton v. Alexander, 44 F.3d 1297 (5th Cir. 1995)(en banc)(superintendent of Mississippi School for the Deaf had no constitutional duty to protect student as school from sexual assault by classmate; such duty arises from involuntary confinement or restraint purusant to a governmental order or by an affirmative exercise of state power)

Williams v. Jabe, 947 F.Supp. 1130 (E.D.Mich. 1996)(psychiatrist cahttp://www.topozone.com/map.asp?lat=55.06167&lon=-131.54167n be liable for prison inmate's suicide, despite inmate's statements denying suicidal intent, given his severe depression and refusal to take medications)

Williams v. Lee County, Ala., 78 F.3d 491 (11th Cir. 1996)(court affirms summary judgment in §1983 and wrongful deaths actions against Alabama county for the suicide of a man, known to police as having mental illness, who was held at the county jail pending a substance abuse commitment hearing; estate did not prove police acted with deliberate indifference, cell did not create a substantial likelihood of suicide, and foreseeability was not proven because the man had no history of suicidal proclivities)

VI. RESTRAINT/SECLUSION

Alotta v. City Hospital Center at Elmhurst, 520 N.Y.S.2d 867 (N.Y.Sup.Ct. 1987)(material issue of fact as to whether hospital's conduct fell below permissible standard of due care precluded summary judgment, where doctor ordered patient to go immediately to seclusion room with ankle and wrist restraints, and patient slashed his wrist after being in room unsupervised for three minutes)

Andrews v. Neer, 253 F.3d 1052 (8th Cir. 2001)(court held trial court erred in using the deliberate indifference, and not objective reasonableness, standard to determine whether state hospital aides were liable under sec. 1983 for using excessive force during a takedown and restraint of an involuntarily committed patient, which caused his death; a schizophrenic patient who witnessed the incident was competent to testify)

Brookover v. Mary Hitchcock Memorial Hospital, 893 F.2d 411 (1st Cir. 1990)(testimony of patient's father relating what nurses told him about advisability of bed restraints for patient was properly admitted)

Cobb v. Nizami, 851 F.2d 730 (4th Cir. 1988)(S/L bans recovery, where resident unnecessarily restrained, detained, and harmed)

Estate of Cassara v. Illinois, 853 F.Supp. 273 (N.D.Ill. 1994)(suit challenging the failure to properly supervise a voluntary patient in restraint who hangs himself raises sufficient civil rights claims; state has a duty to protect a voluntary resident; state statutory guidelines on restraint impose restriction on liberty give rise to due process protection; staff members are not immune from liability under discretionary exception to tort claims act)

Ferola v. Moran, 622 F.Supp. 814 (D.R.I. 1985)(shackling of defendant violated Eighth Amendment; inmate was entitled to damages of $1,000 for physical and psychological injury suffered; shackling of inmate also warranted equitable relief)

Garrett v. Rader, 831 F.2d 202 (10th Cir. 1987)(defendants were not entitled to qualified immunity, as, at time of daughter's death while being unreasonably restrained, since law requiring protection of personal security of patients at state institutions was clearly established)

Gray v. Jefferson Geriatric and Rehabilitation Center, 602 N.E.2d 396 (OhioCt.App. 1991)(expert nurse raised issue as to nonintrusive methods of restraint that could have been used to prevent resident from getting up from chair unassisted, precluding summary judgment for nursing home)

Hopper v. Callahan, 562 N.E.2d 822 (Mass.Sup.Jud.Ct. 1990)(evidence raised fact issues as to whether defendants violated patient's due process right to essential medical care and not to be physically restrained, precluding summary judgment in action brought against physicians and supervisors at mental hospital after involuntarily committed psychiatric patient died while she was in seclusion)

Kizer v. Waterman Convalescent Hospital, Inc., 13 Cal.Rptr.2d 239 (Super.Ct. 1992)(evidence supported finding that hospital violated administrative regulations on restraint and seclusion)

Kujawski v. Arbor View Health Care Center, 389 N.W.2d 831 (Wis.Ct.App. 1986)(under Wisconsin regulation granting nursing residents right to be free of physical restraints except as authorized in writing by physician, whether restraint could be imposed on nursing home resident who fell from wheelchair, lacerating her head and fracturing her thigh, or whether an easily removable safety device, for which no medical opinion was necessary, would have sufficed were medical decisions on which expert testimony was required, and thus, in the absence of such testimony, administrator could not recover on negligence claim)

Millhoff v. Ohio Department of Mental Health, 594 N.E.2d 170 (OhioCt.Cl. 1991)(hospital not liable for patient self injury in seclusion, since clinicians followed treatment plan which was reasonable)

Neimes v. Ta, 985 S.W.2d 132 (Tex. Ct. App. 1998) (supervisor and physician at a state hospital are entitled to qualified immunity, based on the exercise of professional judgment, in a civil rights action filed by two involuntarily quarantined tuberculosis patients who alleged violations of their constitutional rights; the state may restrain those who are committed when, based on professional judgment, it is deemed necessary to ensure residents and staff are reasonably safe, and professional judgment is presumed to exist when there is no substantial departure from accepted professional standards)

O'Sullivan v. Secretary of Human Services, 521 N.E.2d 997 (Mass.Sup.Jud.Ct. 1988)(statute requiring that trained staff person be "in attendance" immediately outside room of secluded patient requires constant observation of secluded patient, not merely nearby presence)

Peacock v. Samaritan Health Service, 765 P.2d 525 (Ariz.Ct.App. 1989)(genuine issue of material fact existed as to degree of restraint or seclusion which was appropriate for patient and whether care provided by hospital met appropriate standard, precluding summary judgment)

Pisel v. Stamford Hospital, 430 A.2d 1 (Conn.Sup.Ct. 1979)(verdict of $3.6 million was not excessive in action against hospital and physician where psychiatric patient, who was locked