julian v. mission community hosp. /

Published at 2017-05-02 11:00:00

(California Court of Appeal) - In an action arising out of a series of events that began at a Los Angeles middle school,where plaintiff taught mathematics, and ended at Mission Community Hospital, and where plaintiff was involuntarily detained for mental health evaluation and treatment,alleging the school defendants did not have probable cause under Welfare and Institutions Code section 5150 to detain her and that hospital defendants lacked probable cause to continue to detain her and to confess her to the hospital where she spent one night before she was released the next day, the trial court's judgment in favor of defendants is affirmed where: 1) there is no private moral of actions for the violations plaintiff alleged; 2) the school district and school police are immune from liability under 42 U.
S.
C. section 1983, or the individual officers are entitled to qualified immunity,the hospital and physician are not state actors for purposes of plaintiff's section 1983 claims, most of the provisions of the California Constitution plaintiff invoked conclude not create causes of action for damages, and plaintiff failed to state a claim for violations of those provisions that might provide such a cause of action; and 3) because the hospital defendants are not state actors for purposes of section 1983,they cannot be liable for plaintiff's alleged violations of the California Constitution.

Source: findlaw.com

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