A mental health detention \u201crequires only a \u2018probability or substantial chance\u2019 of dangerous behavior, not an actual showing of such behavior.\u2019\u201d \u2026 Probable cause for involuntary hospitalization may be established from \u2018information gleaned from informants[,] \u2026 normally the putative victim or eyewitness, unless the circumstances raise doubt as to the person’s veracity.\u2019 \u2026 \u201cHowever, the \u2018harm to self or others\u2019 standard is not met by evidence suggesting merely that the person is emotionally disturbed. See Myers, 819 F.3d at 634 (\u2018A person may be annoyed, uncooperative, and irrational without presenting a danger to herself or of violence to others.\u2019).\u201d \u201cInsofar as plaintiff contends that the undisputed evidence assembled by defendants does not warrant summary judgment under the \u2018harm to self or others\u2019 standard, she is correct. Defendants do not identify, nor has the Court found, any cases holding that probable cause existed for a mental health seizure on facts similar to the ones in this case. To the contrary: courts in the Second Circuit generally find probable cause for a mental health seizure only where there were threats of harm to others, suicidal threats, clear evidence of self-harm, the possession of a firearm or other dangerous weapon by a mentally disturbed person, or some combination of those factors. \u2026.\u201d Guan v. City of New York, 2020 U.S. Dist. LEXIS 212611 (S.D. N.Y. Sept. 18, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"
A mental health detention \u201crequires only a \u2018probability or substantial chance\u2019 of dangerous behavior, not an actual showing of such behavior.\u2019\u201d \u2026 Probable cause for involuntary hospitalization may be established from \u2018information gleaned from informants[,] \u2026 normally the putative victim … Continue reading