Sherman v. Four County Counseling Center
| Decision Date | 19 February 1993 |
| Docket Number | No. 92-1671,92-1671 |
| Parties | , 3 NDLR P 273 Paul E. SHERMAN, Plaintiff-Appellant, v. FOUR COUNTY COUNSELING CENTER, Douglas Cox, Cass Superior Court Judge, and Gary Boyles, Officer, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Robert L. Justice, Logansport, IN (argued), for Paul E. Sherman.
Edward N. Kalamaros, South Bend, IN, Michael L. Carter (argued), Lacava, Zeigler & Carter, Indianapolis, IN, for Four County Counseling Center.
Linley E. Pearson, Atty. Gen., David M. Wallman, Dist. Atty. Gen. (argued), Federal Litigation, Indianapolis, IN, for Douglas Cox and Gary Boyles.
Before BAUER, Chief Judge, MANION, Circuit Judge, and EVANS, Chief District Judge. 1
In this appeal, we consider the scope of qualified immunity for a police officer and a private mental institution involved in the emergency involuntary detention and treatment of a person who was allegedly mentally ill and dangerous at the time of the defendants' actions. The district court found that the police officer and the mental hospital are protected by qualified immunity in this case. We affirm.
Paul Sherman was arrested on March 22, 1989 for criminal harassment. He posted bond and was released. On the following day, Indiana State Police Officer Gary Boyles filed an application for emergency detention with the Cass County Superior Court together with a Physician's Emergency Statement. The application asserted Officer Boyles' belief that Sherman was suffering from a psychiatric disorder and was dangerous to himself and others. The accompanying physician's statement asserted that based upon the information in Boyles' application, the physician believed Sherman "may be mentally ill and dangerous." Physician's Emergency Statement, Appellant's Supplemental Appendix ("Supp.App.") at 15.
Based upon the application and the statement, Judge Douglas A. Cox of the Cass Superior Court executed an endorsement authorizing any police officer to take Sherman to the Four County Counseling Center ("Four County") "to be detained, examined and given such emergency treatment as necessary...." Endorsement by Judicial Officer Authorized to Issue Warrants for Arrest, Supp.App. at 15. Accordingly, Boyles took Sherman to Four County on the afternoon of March 23 for treatment and evaluation.
On March 29, 1989, Four County filed with the court a Report Following Emergency Detention. In this report, Four County stated that it had probable cause to believe Sherman was suffering from chronic paranoid schizophrenia and that he needed to be detained for treatment. In the accompanying Physician's Statement, Dr. Umamaheswara Kalapatapu stated that in his opinion, Sherman was dangerous and needed treatment in an appropriate facility. Supp.App. at 16-20.
Based on this report, Judge Cox ordered that Sherman's pre-hearing detention continue, and set a preliminary hearing date. Order of March 29, 1989, Supp.App. at 21. In an addendum to the March 29 order, Judge Cox also ordered Four County to continue to treat Sherman "as necessary and appropriate, with or without the consent of the respondent." Addendum, Supp.App. at 22. On March 30, 1989, Judge Cox authorized Four County to transfer Sherman to Logansport State Hospital. Later that day Sherman was transferred to Logansport. Sherman remained there until his preliminary hearing on April 11, 1989, when Judge Cox determined that continuing Sherman's involuntary commitment was not warranted. During his detention at both hospitals, Sherman was given anti-psychotic medication. He alleges that he was compelled to take this medication against his will.
Sherman sued Officer Boyles, Judge Cox, Cass County, Four County, and Michael Boonstra, the Public Defender who represented him at the preliminary hearing, under 42 U.S.C. § 1983. Sherman alleged that the actions of the defendants deprived him of his liberty without due process of law. The district court dismissed Sherman's claims against Officer Boyles, Judge Cox, Cass County, and Public Defender Boonstra based upon the doctrines of absolute and qualified immunity. Memorandum and Order of March 6, 1991, Supp.App. at 23, 30. The court denied Four County's motion to dismiss, but granted its motions for summary judgment, finding that the hospital was entitled to absolute immunity with respect to its acceptance, detention, and treatment of Sherman pursuant to Judge Cox's emergency detention order, and qualified immunity for its detention and treatment of Sherman after Judge Cox's second order continuing Sherman's detention, and before his transfer to Logansport State Hospital. Memorandum and Order of July 22, 1991, at 6; Memorandum and Order of February 18, 1992.
Sherman only pursues appeals of the district court's rulings regarding Officer Boyles and Four County. We consider the immunity of each defendant in turn.
We review the district court's grant of a motion to dismiss de novo. Dimmig v. Wahl, 983 F.2d 86, 87 (7th Cir. Jan. 6, 1993). We accept all well pleaded facts alleged in the complaint as true and make all reasonable inferences in favor of the plaintiff. Id. We apply a similar standard to the district court's grant of summary judgment. We review the decision de novo, and will uphold the judgment if the record and all the inferences drawn from it in the light most favorable to the party opposing it establish that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. First Wisconsin Trust Co. v. Schroud, 916 F.2d 394, 398 (7th Cir.1990); La Preferida, Inc. v. Cerveceria Modelo, S.A., 914 F.2d 900, 905 (7th Cir.1990).
Indiana law provides a detailed process for the involuntary commitment of mentally ill persons who may be dangerous to themselves or others. Ind.Code §§ 16-14-9.1-3, -.1.7, -.1-6.5, -.1-7 (1988). The law provides that a person may be held in emergency detention for seventy-two hours (excluding weekends and holidays) in a psychiatric hospital upon the application of a health or police officer. Ind.Code §§ 16-14-9.1-7(a). The application must contain a statement by the applicant that the person is mentally ill and dangerous and in need of immediate restraint. It must also contain a physician's written statement that, based upon information the doctor has received, the person may be mentally ill or dangerous. Id. Officer Boyles' application satisfied these requirements.
The statute also provides that, based upon the application, a judge authorized to issue arrest warrants in the county where the person is present may authorize a police officer to take the person into custody and transport him to a hospital for detention. Id. Judge Cox's authorization satisfied these requirements. The statute does not allow a person to be held in emergency detention for more than seventy-two hours (excluding weekends and holidays) unless the superintendent of the institution in which the person is detained recommends to the court within the seventy-two hour period that continued involuntary detention is necessary. Ind.Code § 16-14-9.1-7. The statute also sets out various criteria for the report. § 16-14-9.1-7(b), (c). Four County's report was timely and satisfied the statutory requirements; it recommended involuntary commitment.
The court must act upon the hospital's report and petition for involuntary commitment within 24 hours of its receipt, and determine whether there is probable cause to believe the person is mentally ill and dangerous. Id. at (e). Judge Cox considered the report the same day it was filed (March 29, 1989) and ordered Four County to continue Sherman's detention and set a preliminary hearing date. The statute requires the court to set the preliminary hearing date within two days of its order for continued detention (excluding holidays and weekends). Id. Judge Cox did not set the preliminary hearing within the statutory limitations period--the preliminary hearing was scheduled for April 10, 1989, but was held on April 11. Following the hearing, Judge Cox found that continuing Sherman's involuntary commitment was not required and ordered his release.
Sherman alleges that Officer Boyles is liable under 42 U.S.C. § 1983 because Boyles arrested Sherman in violation of the Fourth Amendment. He further contends that Boyles is not entitled to qualified immunity because the Fourth Amendment principles Boyles violated were clearly established at the time Boyles acted. Boyles is liable, Sherman asserts, because:
(1) he obtained an arrest warrant without submitting any evidence of probable cause supported by oath, in direct and literal violation of the Fourth Amendment; (2) he obtained an arrest warrant without alleging any facts which could conceivably show probable cause[;] and (3) he arrested Mr. Sherman without any additional evidence of probable cause.
Appellant's Brief at 30. Sherman maintains that the law governing arrest warrants applies to his emergency detention because he was detained against his will. Because Boyles' application does not meet the requirements for arrest warrants (i.e., it was not supported by sworn statements from Boyles and the physician, and does not contain information establishing probable cause), Boyles should have known the detention violated Sherman's Fourth Amendment rights.
That Boyles complied to the letter with Indiana's statute governing emergency civil commitments is no defense, Sherman argues, because "the statutes are in direct literal conflict with the Fourth Amendment's well established requirement of a warrant based on probable cause supported by oath as a prerequisite to seizure of the person." Appellant's Brief at 42. Consequently, he argues, Boyles is not entitled to qualified immunity.
"[G]overnment officials performing discretionary functions generally are...
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