Julian v. Mission Community Hospital
11 Cal. App. 5th 360
Cal. Ct. App.2017Background
- Teacher Katia Julian was confronted at her school after reporting an alleged assault; school staff learned she had texted a friend saying she "wants to slit her wrists." School administrators and LAUSD crisis staff involved school police, who arrived and found Julian agitated, screaming, and with forearm scratches. She resisted officers and paramedics and was transported to Mission Community Hospital under a 72‑hour hold application under Cal. Welf. & Inst. Code § 5150.
- At the hospital Julian calmed within minutes; she alleges inadequate in‑person assessment, telephonic authorization of detention by Dr. Abdul Shirazi (not a board‑certified psychiatrist), and prescription of antipsychotics without proper evaluation or consent. She was released the next day after a personal exam by Dr. Shirazi.
- Julian sued LAUSD, LAUSD School Police and five officers (school defendants), Mission Community Hospital, Deanco Healthcare, and Dr. Shirazi (hospital defendants) asserting: violations of the Lanterman‑Petris‑Short Act (the Act), federal and state constitutional violations under 42 U.S.C. § 1983 and the California Constitution, false imprisonment, and Civil Code § 52.1 (Bane Act).
- Trial court granted summary judgment for the school defendants and sustained demurrers (without leave) for the hospital defendants. The court concluded school defendants had probable cause and qualified immunity; hospital defendants were not state actors and claims failed to state causes of action. Julian appealed.
- The Court of Appeal affirmed: the Act does not create a private right of action for the provisions Julian invoked; school defendants had probable cause and immunity; hospital/physician were private actors (no § 1983 liability); most state‑constitutional claims do not give rise to damages; Bane Act claim failed for lack of independent threatening misconduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Lanterman‑Petris‑Short Act (selected provisions) creates a private right of action | Julian: Act provisions she cites (e.g., §§ 5150, 5151, 5152, 5325, 5332) support private damages claims for statutory violations | Defendants: Act contains no clear legislative intent to create private causes of action; enforcement is through administrative scheme and limited private remedies already provided | Court: No private right of action for the cited provisions; where Legislature intended private remedies it did so explicitly, and administrative enforcement is primary |
| Whether school defendants violated § 1983 / Fourth Amendment by detaining Julian (probable cause / qualified immunity) | Julian: factual disputes show detention lacked probable cause; alleged fabrication and prior bias preclude summary judgment | School defendants: officers had probable cause based on suicide statements, visible forearm marks, agitated/bizarre behavior; qualified immunity applies | Court: Undisputed facts support probable cause to detain under § 5150; officers entitled to qualified immunity; LAUSD/LAUSP are arms of the state (not § 1983 "persons") and summary judgment proper |
| Whether the Bane Act (Civ. Code § 52.1) claim survives | Julian: officers interfered with constitutional rights by coercion/threats during the detention | Defendants: conduct was the lawful detention supported by probable cause; plaintiff offers only conclusory allegations of "scare tactics" without independent threats or violence | Court: Bane Act requires threatening/coercive conduct independent from detention; plaintiff's allegations were conclusory and insufficient; summary adjudication proper |
| Whether private hospital/physician are state actors under § 1983 for involuntary detention/treatment | Julian: hospital designated by county under Act and performed state‑authorized detention, so its conduct was under color of law | Hospital defendants: private actors; designation/ regulation alone does not convert them to state actors; no joint action, compulsion, or public‑function showing | Court: Hospital and physician were not state actors by any test (public function, joint action, nexus, compulsion); demurrers properly sustained without leave to amend |
Key Cases Cited
- Cooley v. Superior Court, 29 Cal.4th 228 (2002) (describing purposes and judicial review mechanisms of the Lanterman‑Petris‑Short Act)
- Jacobs v. Grossmont Hospital, 108 Cal.App.4th 69 (2003) (discussing § 5278 immunity for initiating § 5150 holds when supported by probable cause)
- Venegas v. County of Los Angeles, 32 Cal.4th 820 (2004) (Monell principles and municipal liability under § 1983)
- Bias v. Moynihan, 508 F.3d 1212 (9th Cir. 2007) (probable cause standard for § 5150 detention and relevance of articulable facts of dangerousness)
- Monell v. Department of Social Services, 436 U.S. 658 (1978) (municipal liability requires a policy/custom by an entity with final policymaking authority)