McLaughlin v. City of Martinsburg, 2017 WL 3821808 (W.Va. Sept. 1, 2017)

West Virginia Supreme Court denies plaintiff’s claim that police officers were liable under “special duty doctrine” for negligently failing to take into protective custody a person with mental illness who was reported to be acting strangely and who was later struck and killed by an automobile.

Found in DMHL Volume 36, Issue 3

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Liability for harm by patient to third parties; “special relationship” doctrine

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Sexually dangerous individual; proof of likelihood to re-offend