QUESTION

Can I sue the state of Vermont?

Asked on Jan 26th, 2013 on Civil Litigation - Vermont
More details to this question:
VT state law specifies that to commit someone they must have a mental illness plus danger to self or others. The psychiatric hospital my son was placed in for evaluation by mental health services testified at his commitment hearing that he needs treatment and is mentally ill. Judge decided against based on the fact that my son has Asperger's Syndrome-since his autism symptoms coincide with depression (self-isolation, lack of motivation, etc.). He let my son go -who is still actively making serious threats of harm (not a crime in VT). When I called the Mental Health Commissioner's office I was told that this is a 'loophole' in the law and seems people with mental illness and Asperger's cannot be committed for treatment- even if they are a danger-unless they are schizophrenic and hallucinating etc. This decision has placed our family (and the community) in danger and my son, with a developmental disability has been deprived on needed treatment. Can we somehow seek a legal remedy?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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It is unlikely that you will have a claim against the state, since the state's position was essentially vindicated by a judge who determined, as a matter of fact, that your son did not meet the applicable legal standard. Nevertheless, you may wish to consider consulting with an attorney to see if any alternative remedies are available.
Answered on Jan 26th, 2013 at 4:04 PM

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