Petrossi

FACTS AND PROCEDURAL HISTORY

Plaintiff sued defendants for personal injury seeking compensatory and punitive damages. The matter went to trial on plaintiff’s first amended complaint. The evidence apparently credited by the jury disclosed that defendants, both Modesto police officers, were dispatched to an apartment building to investigate a report of a man sitting outside in his pajamas talking to himself. In response to questioning from Mikolich, plaintiff said he had stopped taking his medication and was contemplating harming himself. Mikolich handcuffed plaintiff and both officers helped plaintiff to his feet. They escorted him to Mikolich’s patrol car. He got in the back seat and Mikolich fastened his seatbelt. She drove at normal speeds to a local mental health hospital, where she filled out the forms to admit plaintiff for a 72-hour evaluation. (See Welfare & Inst. Code, § 5150 et seq.) The hospital took custody of plaintiff and the officers returned to their normal duties about 40 minutes after the original dispatch. Plaintiff testified he was sitting on the lawn meditating when the officers snuck up behind him. Without any conversation, they handcuffed him and placed him…