United States First Circuit

Mental health care workers are not entitled to qualified immunity for failing to intervene when one of their co-workers uses excessive force in restraining a patient because involuntarily committed patients are entitled to more protection than detainees the law intends to punish.

Appellate Information

• Decided 09/05/2001
• Published 09/05/2001

Judges

• LIPEZ, Circuit Judge., Before SELYA, Circuit Judge, CYR, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Howard R. Meshnick and James A. Sweeney, Assistant Attorneys General, with whom Thomas F. Reilly, Attorney General, was on brief, for appellants.


• For Appellees:
  
• Christopher M. Perry, with whom Brendan J. Perry, Terance P. Perry, and Brendan J. Perry & Associates, P.C., were on brief, for appellee.