Police Requirements to Perform a Mental Health Seizure

[摘要] government immunitymental health seizurelaw enforcementPolice May Not Be Entitled to Governmental Immunity Should They Perform a Mental Health Seizure Without Probable CauseIn Rudolph v. Babinec, 939 F.3d 742 (6th Cir. 2019), the Sixth Circuit Court of Appeals affirmed a district court's denial of summary judgment to law enforcement officers on the basis of qualified immunity after they were sued by the plaintiff who alleged that her Fourth Amendment rights had been violated during a mental health seizure and that the officers' use of force was not objectively reasonable. Police brought the plaintiff for mental health evaluation against her will and argued that circumstances led them to believe she was at risk for suicide. The Sixth Circuit noted that a jury might reasonably determine that the officers lacked probable cause to believe that the plaintiff posed a threat to herself or others, the established legal standard on which mental health seizures were made.

[学科分类] 儿科学

[关键词] government immunity;mental health seizure;law enforcement