Click on the case titles to link to the full case decision.

O'Conner v. Donaldson, 422 U.S. 563 (1975)-A finding of "mental Illness" alone cannot justify the involuntary confinement of someone who is not a danger to himself or others. A mentally ill person also cannot be justifiably confined in order to improve their living conditions.

Addington v. Texas, 441 U.S. 418 (1979)- Held: A "clear and convincing" standard of proof is required by the Fourteenth Amendment in a civil proceeding brought under state law to commit an individual involuntarily for an indefinite period to a state mental hospital.

Foucha v. Lousiana, 504 U.S. 71 (1992)-Foucha was found not guilty by reason of insanity. He was confined in a mental institute. After a period of time, his doctor determined he was mentally normal. Foucha, however, was antisocial and fought a lot. The doctor believed that Foucha would be dangerous if released. The Court held that Foucha, who was now of a normal mental state could not be confined in a mental institution for being dangerous. The proper venue was for Foucha to be dealt with in criminal court if he harms someone.

Kansas v. Hendricks, 000 U.S. 95-1649 (1997)-A child molester, who was about to be released from prison, was determined to have a mental abnormality (pedophilia). It was also determined that he was a violent sexual predator. Kansas filed a petition under its Sexually Violent Predator Act to have Hendricks civilly committed. The U.S. Supreme Court ruled that the civil commitment did not violate the "double jeopardy" clause of the Constitution.

Isom v. Town of Warren Rhode Island, 360 F.3d (1st Cir. 2004)-Isom was emotionally disturbed. He was armed with an ax and entered a liquor store where he took hostages. An officer pepper sprayed him. He turned, raised the ax, and charged the officers. He was shot and killed. The family sued claiming the pepper spraying of Isom inflamed the situation leading to the use of deadly force. The Court held that the actions of the officers was reasonable.

Kesinger Estate of Kesinger v. Herrington, 381 F. 3d 1243 (11 Cir. 2004)-Kesinger was a mentally ill person standing in traffic wanting to commit suicide. A plain-clothed detective named Herrington saw him and stopped his vehicle. He motioned Kesinger to get out of the traffic. kesinger charged him down. Kesinger told him that both of them were going to die. Herrington retreated to his vehicle. Kesinger attacked him. He heard two loud banging sounds and his car windows shattered. He thought the he was being shot at. Herrington returned fire and killed Kesinger. Kesinger broke the windows with his fists. He did not have a gun. The Court held that he shooting was justified.

Buchanan v. Maine, 06-1466 (1st Cir. 2006)-Buchanan, a mentally ill person, has been diagnosed with bipolar disorder with psychosis, schizoaffective disorder, and schizophrenia with paranoia.  Buchanan decided to stop taking his medication.  His mental disorder got worse.  He went to his neighbor's house and set  her  wood pile on fire.  The neighbor called the police and requested a welfare check on Buchanan.  The police arrived and contacted Buchanan at his residence.  Buchanan appeared to be distraught and agitated.  Buchanan began yelling nonsensical statements at the officers from his window. The officers contacted Buchanan in his doorway.  Buchanan had bloody hands and was screaming at the officers.  Officer Emerson was spit on by Buchanan. Officer Emerson followed Buchanan into his residence and upstairs to the bedroom area. While Emerson was following him, Buchanan spit on him two more times.  Buchanan then obtained a knife, grabbed Emerson, And stabbed him multiple times. Officer Emerson's partner had no choice but to draw his weapon and shoot and kill Buchanan.  The court determined that the officers had to do their duty and check the welfare of Buchanan.  They also reasonably entered Buchanan's residence because Buchanan displayed signs that he was a threat to himself and others.  The unfortunate shooting of Buchanan was justified.