A woman named Carol contacts a law firm. She tells the law firm that her sister, Jan, was involuntarily committed to a state mental hospital yesterday. Jan is 34 years old and has never been committed before. Carol says she is shocked about the whole thing and cannot believe that Jan has been committed.

The laws of the state, State X, provide a right to a pre-commitment hearing for those that are involuntarily committed, but due to concerns that Jan would harm herself or others, she was committed without a hearing. A hearing is scheduled, but not for another two days.

Yesterday at the hospital, Jan got into an altercation with one of the staff members when she refused to take some medications. The staff member physically restrained her and put her in a padded room until she calmed down. Then she was released back out into the general population at the hospital, and she is there now waiting for her hearing. State X laws permit physical restraints when a staff member deems it necessary to protect the health and safety of the patient or others.

Carol wants to help Jan. She asks for advice and if Jan has any potential legal recourse.

Assignment

Answer the following questions:

1. What questions would you ask Carol in order to obtain more information about what happened, and to determine the potential claims?

Provide a list of the questions that you would ask, and what information you hope to obtain from the questions, meaning why you would ask the specific questions.

2. What are Jan's potential due process claims based upon the facts that you do have? Be sure to explain them in a way that Carol can understand, address the legal standards that apply to the claims, apply the known facts to the standards, and state a conclusion that is based on the analysis.

3. What advice could the law firm give Carol, and why would the law firm give that particular advice?