QUESTION
is it a violation of my right to due process to be forced to go to a mental health center by police?
Asked on Oct 21st, 2012 on Civil Rights - New York
More details to this question:
i was not long ago forced to go to a mental health center and made to take a drug test. it took 3 hours to have a mental health evaluation. my family members lied and said i was saying i was going to take my life. I was never given a chance to speak before a judge and my family had no evidence. is this a violation of my right to due process?
1 ANSWER
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Scott G. Cerbin, Esq., PLLC
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based on what your family members told police the officers would likely have qualified immunity from suit. The question is whether they had probable cause to detain you under the Fourth Amendment - the answer is yes.
Answered on Nov 19th, 2012 at 11:16 AM