Linda J. Clifford v. MaineGeneral Medical Center
91 A.3d 567
Me.2014Background
- Clifford, with PTSD, sent emails to the Governor in Sept. 2007 which prompted police involvement and transport to MaineGeneral for psychiatric evaluation.
- Initial examination by Dr. Grimmnitz concluded Clifford did not pose a risk and she was discharged under 34-B M.R.S. § 3862(2).
- Crisis & Counseling Center supervisors directed a second evaluation based solely on Clifford’s emails, without new information about her mental state.
- Clifford was returned to MaineGeneral for further evaluation, despite no new application or examination and with Kemmerer aware of these circumstances.
- During return, Clifford was pressured toward voluntary admission; she signed a medical consent under duress, was subjected to a body search in violation of policy, and spent the night in a locked psychiatric unit before a subsequent discharge the next day.
- The Superior Court denied summary judgment on MCRA claims; Kemmerer appeals on immunity and related issues via an interlocutory appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kemmerer is entitled to absolute MTCA immunity | Clifford argues MTCA immunity does not bar MCRA claims here. | Kemmerer contends he acted within discretionary functions and is absolutely immune. | Absolute immunity does not bar MCRA here |
| Whether Kemmerer is entitled to common law qualified immunity | Clifford contends rights were violated and not clearly established. | Kemmerer seeks qualified immunity unless rights were clearly established violations. | Not entitled to qualified immunity; material facts create triable issues |
| Whether Clifford’s due process and statutory rights under 34-B M.R.S. § 3863 were violated | Clifford alleges deprivation of liberty without proper procedures and rights. | Kemmerer argues process safeguards were not violated by voluntary components. | Record supports violation of due process and § 3863 rights; not protected by immunity |
Key Cases Cited
- Jenness v. Nickerson, 637 A.2d 1152 (Me. 1994) (MCRA qualified immunity framework applies)
- Zinermon v. Burch, 494 U.S. 113 (U.S. 1990) (substantive liberty interests in avoiding confinement; due process balancing)
- Florence v. Bd. of Chosen Freeholders of Burlington Cnty., 132 S. Ct. 1510 (S. Ct. 2012) (strip/search reasonableness and prior precedents on searches)
- Doe v. Graham, 2010 ME 88 (Me. 2009) (MTCA applicability to emergency admission context)
- Lyons v. City of Lewiston, 666 A.2d 95 (Me. 1995) (two-part test for denial of qualified immunity; clearly established rights)