Suzuki v. Alba
| Decision Date | 29 November 1977 |
| Docket Number | Civ. No. 73-3854. |
| Parties | Sharon SUZUKI, on behalf of herself and all other persons similarly situated, Plaintiffs, v. Rosita T. ALBA and Jane Doe, Plaintiffs-Intervenors, v. George YUEN, in his capacity as Director of Health, State of Hawaii, Walter Quisenberry, Individually, Francis Keala, Individually and in his capacity as Chief, Honolulu Police Department, and George Bolian, M.D., Director of Psychiatric Services, Queen's Medical Center, Defendants. |
| Court | U.S. District Court — District of Hawaii |
COPYRIGHT MATERIAL OMITTED
Shelby Anne Floyd, Legal Aid Society of Hawaii, Honolulu, Hawaii, for plaintiffs and plaintiffs-intervenors.
Michael R. Marsh, Deputy Atty. Gen., Ronald Y. Amemiya, Atty. Gen., State of Hawaii, Honolulu, Hawaii, for defendants George Yuen and Walter Quisenberry.
Robert E. St. Sure, Deputy Corp. Counsel, Barry Chung, Corp. Counsel, Honolulu, Hawaii, for defendant Francis Keala.
John H. R. Plews, Anthony, Hoddick, Reinwald & O'Connor, Honolulu, Hawaii, for defendant George Bolian, M.D.
DECISION ON MOTION FOR SUMMARY JUDGMENT
In 1967, the Fourth State Legislature of the State of Hawaii passed Act 259, relating to "Mental Health, Mental Illness, Drug Addiction and Alcoholism." On March 18, 1976, in an action attacking the Act as unconstitutional, I held that the nonconsensual provisions of the Act were unconstitutional as violative of due process, except for a limited application of the short-term emergency hospitalization section. Suzuki v. Quisenberry, 411 F.Supp. 1113 (D.Haw. 1976) hereinafter cited as Suzuki I.
In April, 1976, the Hawaii Legislature enacted Act 130 as amendments to Act 259. This suit arises as a sequel to Suzuki I, as Plaintiffs attack the constitutionality of two nonconsensual provisions of the new Act. Upon careful consideration of the pleadings, memoranda and arguments made by counsel, I am of the opinion that H.R.S. § 334- (b)(1)(B) and § 334- (b)(4)(G) are unconstitutional as violative of the due process guaranteed by the Constitution of the United States.
In Suzuki I, I expressly retained jurisdiction of the case pending enactment of legislation amending the invalidated portions of Act 259.1 Thus, the Plaintiffs in the instant action are identical to those of Suzuki I: Sharon Suzuki was detained at Queen's Medical Center Psychiatric Facility pursuant to H.R.S. §§ 334-54(b), (c), 334-53 and 334-81. She sought a declaratory judgment deeming the statutes unconstitutional, along with an injunction. She also represented a class of persons certified pursuant to Federal Rule of Civil Procedure 23(b)(2) consisting of:
All persons who are now or who may be in the future admitted or detained at a psychiatric facility (See H.R.S. § 334-1) as a patient (a) under H.R.S. §§ 334-51(a)(2), 334-53, 334-71, and 334-73(b) hereinafter Subclass A or (b) under H.R.S. §§ 334-51(a)(3), 334-54 or 334-73(a) hereinafter Subclass B.
The complaints of Intervenors Rosita T. Alba and Jane Doe paralleled those of Plaintiff Suzuki.
Defendants in this action are George Yuen, in his capacity as Director of Health, State of Hawaii; Walter Quisenberry, individually; Francis Keala, individually and in his capacity as Chief, Honolulu Police Department; and George Bolian, M.D., Director of Psychiatric Services, Queen's Medical Center.
On September 14, 1976, Plaintiff Suzuki, on behalf of herself and the previously certified class, and Plaintiffs-Intervenors filed a Supplemental Complaint. The complaint seeks a declaratory judgment that §§ 334-(b)(1)(B) and 334- (b)(4)(G) of the new Act are unconstitutional as violative of the 5th and 14th amendments to the Constitution and contravene the Decision and Order of this Court in Suzuki I. Plaintiffs now move for Summary Judgment.
H.R.S. § 334- (b)(1) sets forth circumstances under which a person may be committed to a psychiatric facility for hospitalization in a nonconsensual nonemergency situation.2
H.R.S. § 334- (b)(4)(G) permits the temporary, nonconsensual, hospitalization of a person in a nonemergency situation where the individual refuses to participate in a psychiatric examination conducted to determine whether or not he should be committed.3
Before a person may be committed pursuant to § 334- (b)(1), three prerequisites must be met.4 Plaintiffs challenge the requirement that a person be "dangerous to himself or others or to property" in that an individual could be hospitalized if found to be dangerous to property but not dangerous to himself or to others.
Recent authorities require a specific finding of dangerousness to self or others before commitment may occur,5 and thus impliedly exclude dangerousness to property as a basis for hospitalization.6 I believe the requirements of substantive due process are met only when an individual is found to be dangerous to himself or to others, and thus hold that dangerousness to property is not a constitutional basis for commitment in an emergency or nonemergency situation.7
The state's interest is not so compelling to justify commitment on any other basis, especially where the state's interest can be adequately protected through the use of criminal statutes prohibiting damage to property.8
The statute is ambiguous as to the degree of dangerousness to self or others required in § 334-(b)(1)(B). The Supreme Court has stated that the degree of dangerousness constitutionally required before one may be involuntarily deprived of his liberty must be "great enough to justify such a massive curtailment of liberty." Humphrey v. Cady, 405 U.S. 504, 509, 92 S.Ct. 1048, 1052, 31 L.Ed.2d 394 (1972). This language has been interpreted as implying a balancing test where the state must prove the extreme likelihood that an individual will do immediate harm to himself or others if not confined. Lessard v. Schmidt, supra, 349 F.Supp. 1078, 1093 (E.D.Wis.1972) (three-judge court). The proper standard is that which requires a finding of imminent and substantial danger as evidenced by a recent overt act, attempt or threat. Id. at 1093-94. Therefore, § 334-(b)(1)(B) is unconstitutional because it fails to require the finding of a recent act, attempt or threat of imminent and substantial danger before commitment may occur.9
Under H.R.S. § 334- (b)(4)(G), one may be committed for not more than five days under nonemergency conditions, if he refuses to be examined by a physician for the purpose of determining whether or not he should be hospitalized. If the court finds sufficient evidence to believe that the allegations of the petition requesting commitment are true, the court may order the individual to a psychiatric facility for diagnostic examination and evaluation.10
Defendants assert that this court lacks jurisdiction to determine the constitutionality of the statute. They argue that no case or controversy exists because Sharon Suzuki, Rosita F. Alba and Jane Doe have never been or are not in immediate danger of being hospitalized pursuant to § 334- (b)(4)(G), notwithstanding the fact that members of the class have been directly affected by the statute. Relying on Bailey v. Patterson, 369 U.S. 31, 32-33, 82 S.Ct. 549, 7 L.Ed.2d 512 (1962), defendants further argue that Plaintiff Suzuki lacks standing on the grounds that she cannot represent an injured class if she has not been injured or threatened with injury herself.
Bailey v. Patterson, supra, is distinguishable from the instant case, for Plaintiff and Plaintiffs-Intervenors are attacking an amended statute to predecessor Act 259. All Plaintiffs were directly injured by statutes of the predecessor Act in Suzuki I. This court retained continuing jurisdiction over the case pending amendatory legislation since most of the sections of Act 259 were declared unconstitutional. The continuing jurisdiction of this court cannot be ousted merely because named Plaintiffs have not been hospitalized or threatened with hospitalization under the amendatory statute. This court has the power to determine whether Act 130 complies with its Order and Decision in Suzuki I. Because members of the class have been confined pursuant to § 334- (b)(4)(G), this case clearly presents a substantial case or controversy warranting judicial determination. Golden v. Zwickler, 394 U.S. 103, 108, 89 S.Ct. 956, 22 L.Ed.2d 113 (1969).
Plaintiffs challenge § 334-(b)(4)(G) as violative of due process because it permits temporary commitment of an individual based on sufficient evidence rather than proof beyond a reasonable doubt. Defendants assert that the standard of proof should vary according to the length of commitment. They argue that sufficient evidence is a proper standard for temporary commitment, while indefinite confinement requires proof beyond a reasonable doubt.
This court has previously reviewed the issue of the proper standard of proof required for an order of commitment. In Suzuki I, I adopted the reasoning of In Re Ballay, 157 U.S.App.D.C. 59, 482 F.2d 648 (1973) and held that "the standard of proof in nonconsensual civil commitment proceedings must be beyond a reasonable doubt." 411 F.Supp. 1113, 1132 (1976). This standard applies in both nonemergency contexts and to indefinite temporary confinement. Because an individual's liberty is "an interest of transcending value," Speiser v. Randall, 357 U.S. 513, 525, 78 S.Ct. 1332, 2 L.Ed.2d 1460 (1958), it must be carefully guarded against improper state encroachment. The higher standard of proof insures that a person will not be deprived of his liberty, even temporarily, unless the state makes a very strong showing that commitment is warranted. H.R.S. § 334- (b)(4)(G) violates due process because "sufficient evidence" requires a lesser quantum of...
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...In a sequel lawsuit to Suzuki I, Judge King struck down as unconstitutional four provisions enacted by Act 130. Suzuki v. Yuen, 438 F.Supp. 1106 (D.Haw.1977) (Suzuki II). More precisely, Judge King held that: (1) dangerousness to property, a criterion for commitment under HRS § 334-60(b)(1)......
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