Statutory Immunity for Mental Health Detention Decisions Does Not Extend to Accidents Occurring During Detention

Jacobs v. Grossmont Hosp., 133 Cal. Rptr. 2d 9 (Cal. Ct. App. 2003)

In California, an individual can be detained for 72 hours ("72-hour hold") in a designated facility for treatment and evaluation if the person is determined to be, as a result of mental disorder, a danger to self or others or gravely disabled. California has also established that individuals authorized to detain a person for a 72-hour hold cannot be held liable for exercising this authority. The California Court of Appeals, Fourth District, has held that this immunity from liability is limited to the decision to detain and does not extend to accidents that may occur in the course of the detention....

Found in DMHL Volume 23 Issue 1