Bruce v. Guernsey

Dist. Ct. did not err in granting motion to dismiss filed by one defendant-police officer in section 1983 action alleging that said officer violated plaintiff’s 4th Amendment rights by detaining her at her residence for 37 minutes after said officer received word that plaintiff had recently attempted suicide. Ct. rejected plaintiff’s claim that officer could only detain plaintiff if he had personally witnessed suicide attempt, and although plaintiff seemed calm at time officer arrived at scene, information that officer had received about potential fragility of plaintiff’s mental state supported his decision to detain plaintiff for said period of time. However, Dist. Ct. erred in granting another officer’s motion to dismiss, where record showed that: (1) said officer took plaintiff to hospital in spite of her calm demeanor and filled out petition for involuntary judicial admission that wrongfully suggested that plaintiff had been examined by physician and falsely stated that plaintiff told him that she was thinking of suicide; and (2) officer’s actions resulted in plaintiff having to stay in hospital for three days.