Private Entities as State Actors in Civil Commitment Procedure

Journal of the American Academy of Psychiatry and the Law

article

Christopher James¹  Darren Lish¹  Richard Martinez¹ 

[1] Department of Psychiatry, Division of Forensic Psychiatry, University of Colorado at Anschutz Medical Center Aurora

关键词: § 1983 Claims;    involuntary commitment;    involuntary treatment;    14 th Amendment;    civil liability;   

DOI  :  10.29158/JAAPL.210129L1-21

学科分类：儿科学

来源: American Academy of Psychiatry The Law

【 摘 要 】

§ 1983 Claimsinvoluntary commitmentinvoluntary treatment14th Amendmentcivil liabilityNinth Circuit Rules That a Private Hospital Acted under the Color of State Law and Potentially Violated a Man's Fourth and Fourteenth Amendment RightsIn Rawson v. Recovery Innovations, Inc., 975 F.3d 742 (9th Cir. 2020), Kenneth Rawson appealed a district court decision that dismissed his constitutional claims under 42 U.S.C. § 1983 (1996) after the district court concluded that the defendants were not acting under the color of state law. Mr. Rawson alleged that Recovery Innovations, Inc., a private nonprofit hospital, violated his Fourth and Fourteenth Amendment rights when they physically and wrongfully detained him, forcibly administered injectable antipsychotic medications, and misled a court into an extended involuntary commitment lasting fifty-five days. The Ninth Circuit reversed and remanded the decision.

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