TORTS-FALSE IMPRISONMENT-DETENTION OF INSANE PERSON
Hellstrom S.Ed., John A.
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- 1982Ayala Córdova v. San Juan Racing Corp. P.R.
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Abstract
Plaintiff sued defendant doctor for false imprisonment arising out of her detention as an insane person. Defendant had examined plaintiff at the request of the plaintiff's husband, called the police, and advised that she be detained as dangerous. Plaintiff was released ten days later but there was evidence to the effect that she was of unsound mind when originally detained. The arrest and detention of insane persons without a warrant is authorized by a District of Columbia statute on the affidavits of two responsible persons supported by certificates from two doctors or when such a person is found in a public place.
Plaintiff appealed from a directed verdict for defendant. Held, reversed and remanded. The evidence was sufficient to go to the jury, since the evidence would support a finding that the defendant doctor caused the arrest and such arrest on advice of one physician is not authorized by the statute. Jillson v. Caprio, (D. C. Cir.
1950) 181 F. (2d) 523.