Question
In 2010, pursuant to state law, Terry's father petitioned the court and had (the then 16-year old) Terry committed to a secure mental institution. Terry's
In 2010, pursuant to state law, Terry's father petitioned the court and had (the then 16-year old) Terry committed to a secure mental institution. Terry's father reported that Terry was delusional and often made statements alluding to violent fantasies. At that time, the court agreed with Terry's father that Terry posed a danger to himself and others, and as a result, ordered that Terry be committed to a secure mental institution until such time as a psychologist employed by the institution determined that Terry no longer posed any such danger(s). The state law leaves it to the discretion of the mental institution to determine whether a patient's improved mental state warrants petitioning the court for the patient's release.
In 2019, Terry sued the state, arguing that he was been denied his right to procedural due process. post a comment stating who will prevail and why.
Discuss the applicable law and relevant facts and any additional facts not provided that you believe would assist in your analysis.
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