Julian v. Mission Community Hospital
B263563M
| Cal. Ct. App. | May 23, 2017Background
- Katia Julian, a middle-school teacher, became distressed after reporting an alleged assault; a text from a friend said Julian wanted to "slit her wrists." School principal Castro, a crisis counselor, and school police officers (including Sgt. Taylor and Officer Valencia) confronted Julian at school; she screamed, sat on the floor, resisted, and was handcuffed and transported by paramedics to Mission Community Hospital.
- Officer Valencia submitted a written 72-hour detention (Welf. & Inst. Code §5150) application describing suicidal statements and cuts on Julian’s wrists; hospital staff held Julian overnight and released her the next day after evaluation.
- Julian sued LAUSD, LAUSD School Police and five officers (school defendants), Mission Community Hospital, Deanco Healthcare, and Dr. Abdul Shirazi (hospital defendants), alleging violations of the Lanterman-Petris-Short Act (the Act), federal and state constitutional civil rights, and related torts.
- Trial court granted summary judgment for the school defendants and sustained demurrers by the hospital defendants to the operative third amended complaint; Julian appealed.
- The Court of Appeal affirmed: it held (1) the Act does not create a private right of action for the statutory violations Julian alleged; (2) the school defendants had probable cause and qualified immunity/state-act immunity under §5278; (3) the hospital and physician were not state actors for §1983 purposes, and state-constitutional damages claims largely failed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Act creates a private right of action for the statutory violations alleged | Julian: the Act’s procedural protections and references to attorneys imply private enforcement | Defs: the Act contains no clear legislative intent to create private causes of action; administrative enforcement scheme is exclusive | No private right of action for the Act provisions Julian invoked; statutory remedies/administrative enforcement and limited private causes elsewhere show Legislature did not intend broad private suits |
| Whether school officers had probable cause under §5150 / violated federal Fourth Amendment | Julian: factual disputes (e.g., origin of arm scratches, Castro’s reaction) preclude summary judgment on probable cause; officers fabricated circumstances | School defs: Sergeant Taylor had specific facts (suicidal statement, wrist marks, agitated behavior) supporting probable cause and entitlement to qualified immunity | Probable cause existed under the totality of circumstances; qualified immunity applies to individual officers; LAUSD/LAUSP not liable under §1983 as arms of the state |
| Whether school defendants are immune under Welf. & Inst. Code §5278 / Gov. Code §821.6 for state-law civil-rights and related claims | Julian: detention was unlawful (no probable cause), so §5278 immunity does not apply; factual disputes exist | School defs: §5278 protects authorized detentions made in accordance with law; evidence shows authority exercised per statute | §5278 immunity applies because detention was supported by probable cause; summary adjudication proper; Bane Act claim failed for lack of coercive/threatening independent conduct |
| Whether hospital and Dr. Shirazi acted under color of state law for §1983 and state-constitutional liability | Julian: hospital designated by county under the Act and staff followed Act procedures, so they acted under color of law | Hospital defs: private actors; designation/regulation alone does not make them state actors; no joint action, compulsion, or exclusive public function | Hospital and Dr. Shirazi were not state actors under multiple tests (public function, joint action, nexus, compulsion); §1983 and state-constitutional claims against them properly dismissed without leave to amend |
Key Cases Cited
- Monell v. Department of Social Services of the City of New York, 436 U.S. 658 (1978) (municipal liability under §1983 requires policy or custom by a governmental "person")
- Will v. Michigan Department of State Police, 491 U.S. 58 (1989) (States and state agencies are not "persons" under §1983)
- Saucier v. Katz, 533 U.S. 194 (2001) (qualified immunity two-step analysis; later refined by Pearson)
- Pearson v. Callahan, 555 U.S. 223 (2009) (courts may decide qualified-immunity prongs in either order)
- Ashcroft v. al-Kidd, 563 U.S. 731 (2011) (clearly established law standard protects all but the plainly incompetent)
- Venegas v. County of Los Angeles, 32 Cal.4th 820 (2004) (Monell principles and local-entity §1983 liability under California law)
- Lu v. Hawaiian Gardens Casino, Inc., 50 Cal.4th 592 (2010) (private right of action exists only if statute’s language or legislative history clearly indicates intent)
- Jacobs v. Grossmont Hospital, 108 Cal.App.4th 69 (2003) (scope of §5278 immunity for 72-hour holds and immunity policy rationale)
- Bias v. Moynihan, 508 F.3d 1212 (9th Cir.) (2007) (probable cause for §5150 detention; officer may rely on articulable behavioral symptoms)
- Triplett, People v., 144 Cal.App.3d 283 (1983) (officer need not make medical diagnosis; may detain based on observable bizarre/inappropriate behavior)