United States Sixth Circuit

Because the decedent was involuntarily committed, the lower court should have considered defendants' duty to provide reasonable safety under a heightened Fourteenth Amendment standard; under this standard, whether the actions and inactions of the named defendants were based upon accepted professional judgment is a genuine issue of material fact, which must be determined at a trial.

Appellate Information

• Decided 04/08/2002
• Published 04/08/2002

Judges

• Before JONES  and CLAY, Circuit Judges;  DOWD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Jeremiah J. Kenney (argued), Tammy J. Reiss (briefed), Fieger, Fieger, Schwartz & Kenney, Southfield, MI, for Plaintiff-Appellant.


• For Appellees:
  
• Mark S. Meadows (argued and briefed), Office of the Attorney General, Tort Defense Div., Lansing, MI, for Defendants-Appellees.