skip to Main Content

MUNICIPAL LAW: Superior Court holds that police officer had no duty to search a person taken into protective custody for hallucinations

MUNICIPAL LAW: Superior Court Holds That Police Officer Had No Duty To Search A Person Taken Into Protective Custody For Hallucinations

A police officer took the tortfeasor into protective custody and delivered him to a hospital for treatment, after determining that he was having auditory hallucinations.  Approximately 38 hours later, the tortfeasor shot an attendant at the hospital, who later brought suit against the police officer.

The Court holds that since the tortfeasor had not initially committed a crime and was not arrested, there was no duty to search him and that the police officer was entitled to governmental immunity.

Hull v. Newtown, (May 22, 2015 Ozalis, J)