Heater

Heater v. Southwood Psychiatric Center

Good Law
1996 Cal. App. LEXIS 135·42 Cal. App. 4th 1068·49 Cal. Rptr. 2d 880·96 Daily Journal DAR 2011·96 Cal. Daily Op. Serv. 1182
Court of Appeal of CaliforniaFebruary 13, 1996D019431California5,846 words

Opinion

Opinion

Nares, J.

Robert Heater (Heater) appeals from entry of judgment terminating his suit against Southwood Psychiatric Center and other defendants (collectively, Southwood) for false imprisonment, assault and battery, and medical malpractice. The trial judge found Southwood and the other defendants had detained Heater with probable cause, and the immunity noted in Welfare and Institutions Code section 5278 (part of the Lanterman-PetrisShort Act (LPS Act)) applied to the detention.

Heater asserts the trial court in this case improperly determined the defendants herein were immune from liability. Southwood claims on this appeal the immunity in question is absolute, and no probable cause determination was required. We reject all of these challenges, and affirm the judgment.

Statement of Facts

1. Synopsis

A young man is murdered. His brother becomes withdrawn and despondent and drinks to excess. The brother expresses a need for help. When assistance is sought, the brother also expresses homicidal and suicidal thoughts. Eventually the brother is detained for some days, treated, and then he is released when judged no longer a danger to himself or to others. Welfare and Institutions Code…

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