Violation of the 4th Amendment, LPS Act & Welfare & Institution Code 5151 - how much is that worth in a suit?

Question

Ok, this is the skinny on it. I was feeling pretty down a week ago, and I have been known to cut myself before. Usually it's just the hesitation marks, because it ends up hurting so bad, you don't do it! Anyways, I haven't done it in over 2 1/2 years and I promised my mom I wouldn't do it again. Well, I called a hotline to calm me down, which I did calm down - however, the hotline called the police. When the police showed up, I was already OUT of distress, the officer wanted to know where I hurt myself, I told him I didn't hurt myself, I saw a situation and I handled it as maturly as possible by PREVENTING the act. Well, he took me down to the hospital & the officer put me on a 72 hour hold without a psych's approval (Code 5151 violation) and not only that, my blood alcohol was at .175, which I'm protected by the LPS Act. Now, considering I wasn't in distress and there was no signs of violence, he violated my 4th amendment right, the hospital violated Code 5151 & LPS - can I sue

Let me just say this, once he placed an illegal 72 hour hold (a psych didn't justify his hold like Calif statute states), a notice is sent to Sacramento showing that you're a mental case. I am NOT a mental case. Even at .175 BAC, I had enough smarts to protect myself, and not only that, the psych that did end up seeing me, released me after 24 hours because he knew I wasn't suicidal. I want that status sent to Sacramento quashed since I DIDN'T hurt myself nor was I in any distress when it happened. Let's say one of you out there got into a verbal fight and you threatened to punch that person and you walked away. Did you know a cop can put a 72 hour hold on you for a possible social threat? Maybe you would feel the way I do...I'm not after monetary, I just want that report quashed. Also, the officer lied on the report stating that I "planned to kill myself with a knife", which NEVER happened!

And I'm not so much concerned about the officer, I'm pissed off because the hospital followed thru with an illegal hold. Per statute, and it reads, "Prior to admitting a person to the facility for 72-hour treatment
and evaluation pursuant to Section 5150, the professional person in
charge of the facility or his or her designee shall assess the
individual in person to determine the appropriateness of the
involuntary detention." This is what I'm mad about!

Answer 1

Without looking up the statutes, and based upon your limited fact pattern, it appears that the officer had probable cause to detain you because of your calling up the hotline; your prior suicidal tendancies and your high BAC.

One of the roles of a policeman is to perform his duties as a safety officer. Again, based on the facts presented, the officer was just doing his job.

If you disagree, I recommend speaking with an attorney on this issue, as opposed to soliciting advise on YA.

Good luck!

Answer 2

Grow up and face reality. You were detained because some legislators thought it would be a good idea to involuntarily detain people that seemed likely to pose a threat to themselves or others. You called in, and they thought they should send someone to check, and they thought you fit the profile enough to take you in.

Here's what was going through the officer's mind: "If I don't take her in and she does herself, her parents are going to sue me."

You made the situation, he didn't.

Answer 3

What are you financial damages? You can usually get about 3x that amount if you can prove the hot line and/or police violated the law or stated policy.

You should always check with an attorney since they will usually give one free visit.

Answer 4

Here he is trying to help you and you want to sue him.

I bet if you were raped or something though you would expect the police to help you.

Man some people have really screwed up values.

Answer 5

Why instead of looking to make money off of people don't you thank him for being concerned for your safety.

Focus on fixing your problems instead of causing problems for others who were only trying to help you.