Professional Documents
Culture Documents
No. 96-1528
JEREMIAH P. AHERN,
Plaintiff, Appellant,
v.
Defendants, Appellees.
_________________
ERRATA SHEET
Cover sheet:
No. 96-1528
JEREMIAH P. AHERN,
Plaintiff, Appellant,
v.
Defendants, Appellees.
____________________
Before
____________________
Philip
O'Donnell,
McBride,
David
on brief
Cella,
University of Massachusetts.
Janet Nally Barnes with
___________________
Eaton, and Sloane and Walsh were on brief for appellee Tonie Moran.
_____
________________
____________________
____________________
Per Curiam.
Per Curiam.
___________
brought suit
in federal
individuals and
The
under the
Fourth
and
Fourteenth
Amendments
and
asserted
imprisonment,
claims
and infliction
were
involuntary
based
upon
admission
the
to
University
emotional
events that
with
of
of
distress.
resulted
in
psychiatric facility
The
Ahern's
and
the
Massachusetts
at
Boston
("UMB")
The complaint
named as
defendants, in both
their
acting
director
involuntary
David
of
the UMB
admission
Cella, director
employment was
to
the
of the
DPS
at
Arbour
UMB DPS
the
time of
Ahern's
Hospital ("Arbour");
at the
time Ahern's
McBride of the
the UMB
DPS;
and
Dr.
Michael Malick,
the
physician
who
evaluated Ahern
admission to
defendants
at Arbour
that
were
facility.
UMB, Arbour,
The three
and
his involuntary
entities named
Ahern's
union, the
as
UMB
and Dr. Malick, the remaining parties filed cross motions for
summary
judgment.
The
district
court
entered
summary
from
that portion
summary
judgment
defendants.
of
the district
in
favor
of
court's order
Dr.
Moran
and
entering
the
UMB
We affirm.
I.
I.
We
view
the record
evidence
in
favorable to
has entered,
his favor.
Cir. 1996).
Most of the
follows.
most
inferences in
are not
the light
predicate facts
after
midnight, Deborah
Cate's telephone
care
of that
splattered
gone.
That
crybaby
old
"Hey.
fuck
of
Guess what?
yours.
Dorchester.
answering machine
gone."
We took
The
niggers
He's
gone.
He's
Ms.
Cate, a
UMB
student and employee, was not at home at the time of the call
evening.
former
Ahern
Cate recognized
boyfriend, and
had
caused
the voice
understood the
James
Igoe,
boyfriends, to be killed.
-3-
as
that of
message to
another
of
that
Ahern, a
mean that
Cate's
former
-3-
At the
four
during
years.
time of
Cate had
married and
of 1990.
message, Ahern
for approximately
had children.
At the time
who was
these relationships
with Igoe.
of 1990,
their
relationship.
Ahern was
upset by
wanted to end
this and
for the
giving
her
unwanted
gifts,
and
upsetting
her.
Ahern
for Igoe, Cate would love Ahern; and that he would "take care
of" Igoe.
Ahern began
in which
a campaign of telephone
he threatened, among
other things, to
calls to Cate
tell Igoe's
and Igoe,
and
and
to
send
together.
Igoe's
wife
photographs
In mid-August 1990,
of
Cate
Igoe
that he had
obtained Igoe's home address from the UMB police computer and
that he
was
going to
go
there
to tell
-4-4-
Igoe's
Ahern
wife
and
also stalked
Cate
and
called her
following her.
to
let
the
know that
he
had
been
Ahern
her
said, "He's there, isn't he?" and told her to look out
window.
across
the
When
street from
saw Ahern in
her house,
looking
a phone booth
up at
her and
he had
Beginning in
her
relationship
the summer
with Ahern,
of 1990, after
Cate
phone calls.
also
began to
she ended
receive
In late September
or
calls at work.
to an
In the
both had
relationships.
The
sexually
explicit
calls
to
Cate
and
Igoe
though he admitted that he had been "a little crazy" over his
break-up
was
that
with Cate.
still receiving
he was
nervous
harassing calls
the caller.
According
treated Ahern.
and that
she believed
to Cate,
Ahern became
caller might be
a friend of
had
-5-
-5-
explicit
message, the
content of
which was
the same
as a
In
early
July 1991,
call, in the
what you
July,
course of
wanted.
Cate
wishes, Cate
which he exclaimed,
received
against Igoe's
more
and I up."
threatening,
"Look, you
got
At the end of
sexually
explicit
messages.
In
August
1991,
did not
She
supply any
also contacted
then advised
Cate
Cate reported
the
and
the
obscene
suspected caller.
telephone company,
that the
The
calls she
which placed
telephone company
reported during
the
from
UMB.
Cate
continued to receive
thought
that the
message could
be "the
real thing."
She
called Igoe at work, at home, and at his wife's home, but was
unable
to reach him.
Department.
if any serious
detective
incidents had
ultimately recommended
that
Cate
-6-6-
call
day.
The
Patricia
report the
threatening and
offered to
interview Cate at
the
DPS station,
because
officer.
At Cate's
listen to
the disturbing
Ahern.
Cate
Ahern was
caller's
the complaint
as
After listening
his
she was
Ahern's;
the caller
calls to
Cate
and
fellow
that McBride
McBride that
than at
involved a
message herself.
McBride
then told
voice
caller was
certain that
recognized the
related
to
the
Igoe; and
same
information
in
the
information
Ahern.
While
at
Cate's
apartment,
McBride
listened to
to a tape of calls
to Igoe that
in February 1991.
McBride also
one contained
been left
19th
obscene and
threatening messages
message and
second
tape was
other
threats to
a copy of
a tape
that had
have
Igoe killed;
of phone
the
calls to Igoe,
killed.
-7-
-7-
told
him
recordings.
home.
the
that
she
McBride
needed
brought the
After listening
caller
was
him
Ahern.
to
listen
two tapes
to
some
to O'Donnell's
McBride
and
tape
O'Donnell were
that
very
familiar
with
Ahern's voice,
basis.
There is no
both
in
person
and on
the
on a regular
officer, or any
the
safety
of Cate
consulting
expert
made no attempt to
19th.
Igoe, O'Donnell
opinion as to whether
threat to
any
and
did,
precautions taken by
to contact
Moran in order
or not the
department on
however,
the night
question
to get an
caller presented a
O'Donnell
municipal police
He
tried
McBride
Union, or
of September
about
the
of the evening,
and
an immediate danger.
On September
at 7:00
a.m., the
McBride
to
time Ahern
report for
closely Ahern's
came on duty.
work early
as
well and
-8-8-
He
to work
had asked
to monitor
O'Donnell
was
not
concerned that
in Waltham.
would
immediate danger
to Igoe
and worked
that Ahern
drive
off campus
certainly have
to
find Igoe,
because
resulted in disciplinary
that would
she
could, and in
any case to
Dr.
7:15 a.m.,
Moran
at which time
possible.
advised
called
Based
at
approximately
of the
upon what
O'Donnell
tapes in as
O'Donnell told
caller might be
much detail
her,
as
Dr. Moran
homicidal or suicidal
and
therefore
professional,
determine
She
events
evaluated
whether he posed
a danger to
not necessarily
it
that
was
by
psychiatrist,
O'Donnell that
described;
treatment,
be
preferably
cautioned
officer was
should
Ahern's
over
with
possible
mental
in
health
order
to
himself or others.1
career
as a
police
consequence of
intervention
that things
as a
and
could
the
proper
return
to
1The record
Moran told
contains contrary
O'Donnell to do
accounts as to
what Dr.
O'Donnell
never made
-9-9-
Dr. Moran
examine
Ahern
another
doctor
evaluator.
It
stated that
herself
that
medical
would not
day, but
with extensive
be able
offered
experience as
to
to
contact
a psychiatric
determining
she
which
insurance
facilities would
carrier.
be
During
covered by
the
same
in
Ahern's
morning,
September
20, O'Donnell
Lieutenant
James Wise,
played
portions of
without giving
the tapes
him any
information
who had
been Ahern's
on a
training officer,
and who
for
Wise,
had worked
two years,
replied
a.m. and
1:30 p.m.,
7:00
O'Donnell
instructed him to
called him
back
At
to the
about 1:00 or
station
and
female
Cate had
officer were
present.
O'Donnell informed
him that
Ahern was sick and needed help, and that O'Donnell wanted him
to
undergo
psychiatric
evaluation.
allegations.
-10-10-
Ahern
denied
the
According to
he did
not agree to be
or the other."
Ahern says
he agreed
to go.
"like
he concedes that
deposition,
that he "was
he became
or a
would happen if
O'Donnell testified in
and never gave any indication that he did not want to go with
the officers.
When
they arrived
at Arbour,
O'Donnell explained
the
until about 4:30 p.m., when they were informed that Ahern had
refused the
was
option of
being admitted
hospital
involuntarily.
for 12 days.
Ahern
Cate received
remained in
the
admission and
Ahern had
His
discharge summary
expiration
of
the
the reason
ten-day period
of
listed
for discharge
authorized
by
as
statute.
-11-11-
The calls
up an appointment with
his fitness
Moran
for duty.
twice consulted
They met in
with the
could evaluate
November 1991,
attending
and Dr.
psychiatrist who
treated Ahern
report in
at Arbour.
Dr. Moran
January 1992, in
subsequently issued
her opinion
In
February 1992,
warrant
calls to
a finding
Cella, director
of DPS,
that Ahern
David
had placed
Cella stated
threatening phone
that, at a
minimum,
very
likely
offered
violated other
to permit
Ahern
department regulations.
to return
in Ahern's file.
to
duty under
Cella
various
of a letter of reprimand
it would
rights,
continued fitness
for duty.
in September 1992
UMB
as to Ahern's
-12-12-
Union grievance
resulted
arbitrator
at which
evidence.
In January 1994,
evidence
in lengthy
the Union
"clearly and
hearings before
and UMB
an
presented extensive
the arbitrator
found that
convincingly" established
the
that Ahern
was just
Ahern subsequently
its order
district
granting summary
filed the
present action.
judgment to the
In
defendants, the
go to Arbour for
psychiatric evaluation.
Alternatively, the
the
situation
as
an
emergency creating
likelihood
of
serious
harm
by
reason
of
mental
illness,
and
acted
Clause of the
Fourteenth
Amendment.
The
defendants were
the state-law
protected
for
court also
ruled that
claims, Dr.
Moran and
from
civil
rights
from the
UMB
and that, on
officers were
22.
suits
This provides
for,
inter
_____
alia,
____
claims arising
the UMB
ch. 123,
to
case, the
immunity
in any
termination of his
employment, the
-13-13-
process
II.
II.
A.
A.
On appeal,
erred
in its
rulings
on three
issues:
(i) Ahern's
claim
admission
to Arbour
Process Clause
the
violated his
Fourth Amendment
and Due
respect to
ruling
his termination;
that the
defendants were
district court's
entitled to
qualified and
statutory immunity.
judgment is de novo.
__ ____
judgment is proper if
is no
genuine issue as
to any
material fact
Summary
that there
and that
a judgment as a matter
the
of law."
and
careful
consideration of
the
arguments presented,
we
B.
B.
We
begin
with
Ahern's
asserting
section
1983
to Arbour.
claims
A plaintiff
-14-14-
acted
"under color
of state
law," and
that it
caused the
See Soto
___ ____
federal law.
By
based
to
comply
with
the
Massachusetts
a section 1983
statute,
cause of
involuntary
12.2
admission
of the
state
___ ________
______
(7th Cir. 1984); nor does Ahern claim that the statute itself
is
unconstitutional
procedures
for
facility.
Still,
in
its
involuntary
the
claim
against
admission
standards
to
statutory provisions
We also note
prescribed
psychiatric
may bear
upon
at the outset
Dr. Moran
and
is doubtful.
She was
1983
a private
It
____________________
2Mass.
involuntary
Gen.
Laws
ch.
"admission,"
123,
rather
12(a)
than
refers
"commitment,"
to
the
of an
-15-15-
even more
the
underlying
these issues.
can be
deemed
constitutional claims,
we
need
not decide
process
arguments
involuntary
with
admission.
respect
We
focus
to
our
his
detention
resolution of
and
this
on the
in order to
clarify the
1.
1.
It
seizures apply
reasons.
---, 117 S.
Amendment argument,
been
this
seized.
On
threshold
question,
we
adopt
different approach.
if,
in view
of
all of
the
circumstances surrounding
the
____________________
3See,
___
-16-16-
not
544,
free to leave."
554
United States v.
_____________
(1980) (footnote
omitted).
Ahern admits
that,
go
for an
evaluation.
O'Donnell and
thereby
seizing
support
of
him
for
this claim,
and that he
Nevertheless,
Ahern contends
to Arbour against
Fourth Amendment
Ahern
that he was
asserts
his will,
purposes.
that O'Donnell
that
In
and
the other,"
The district
court ruled
not been
innocence, he
gave all
external indications
agreeing to submit
to an evaluation,"
"communicated that
he
question
seems
argument's
favorable
had
relatively close,
sake that
to
changed
Ahern
the
facts
establish
and
mind."
we
taken
that
of voluntarily
his
he
of
never
But
the
will assume
for
in the
was
light
most
seized.
We
Amendment.
To
determine
the
Fourth
Amendment
standard
of
background
explanation
is
in
order.
The
Massachusetts
for
-17-17-
a ten-day
period.
two categories
of an individual for
permit a "qualified
12.
The first
physician, psychologist,
or
psychiatric nurse"
restraint of
the
to
sign a
person, if
of mental illness."
McCabe,
______
reason
warrant for
See
___
id. at 548.
___
an
Ahern,
however,
require the
signing of
emergency
situation,
if
physician,
. .
is
not
available, a
police officer,
who
the
The fourth
three" procedure,
believes that
77 F.3d at 547-48.
In
the signor
authorizing
category establishes
was detained
"pink paper"
likelihood of
serious harm by
reason of
mental illness
for the
hospitalization of
and apply
a ten
12(a).4
____________________
-18-18-
absence
of a
judicial warrant
issued upon
probable cause.
619
(1989).
But "[t]he
forth in the
U.S.
433,
439 (1973),
United States
______________
(1985).
under
"all
of the
v. Montoya de Hernandez,
_____________________
"[A]lthough
413
circumstances,"
473 U.S.
531, 537
cause and
the
search,
. .
. in certain
required."
limited circumstances
New Jersey v.
__________
neither is
The
Supreme
Court
cases involving
(citation
applied
warrantless
to
omitted).
In
particular
municipal
entries into
77
to a
in
need for
McCabe,
______
needs exception
Griffin v. Wisconsin,
_______
_________
the special
challenge
recognized
"special needs,
law enforcement."
(1987)
has
F.3d 540,
873
we
Fourth Amendment
policy
permitting
forcible,
private homes
for the
purpose of
In that
been
issued
pursuant
to
the
category-two
procedure
of
Massachusetts statute.
____________________
1.
-19-19-
the
us here.
act
a determination
upon
made
by
a qualified
physician,
an
examination, and
search
authorization
McCabe
______
by
emphasized "the
an
category-three
decision
impartial,
77
"seize" the
or
at
F.3d at 552.
whether to
presence of
least
Under
the
person themselves
without
Where,
police
as here,
officer's own
impartial expert -- we
we
decision
are arguably
-- rather
dealing with
than
that of
an
require a
does
(as
condition
outlined
in the
threatening
statute)
serious harm
have
to
seized
a mental
himself
health
or others.
is no less a loss
We
agree with
legitimate interest in
the
from
community
the
mentally
protecting
ill
and
in
____________________
(10th
F.2d
397, 401 (7th Cir. 1993); Glass v. Mayas, 984 F.2d 55, 58 (2d
_____
_____
Cir. 1993); Maag v.
____
(9th Cir.
1991); Gooden v. Howard County, Md., 917 F.2d 1355, 1362 (4th
______
__________________
Cir.
_____ __ _____
Cir.
1992)
(en banc);
_______
_______
McKinney, 726
________
F.2d
at 1187;
In re
_____
-20-20-
person
right
suspected
to
of
liberty
and
unfounded charges of
seizure of a person
evaluation
mental illness
raises
a right
to
possesses
freedom
mental infirmity.
from
Because a
that
are
closely
are equally
intrusive, we
conclude that
The
proper
inquiry
is
whether
probable
cause
existed at the moment the arrest was made, based on the facts
and
circumstances within
the arresting
officer's knowledge
the facts
and circumstances
officers indicated
serious
illness.
1989).
harm to
that Ahern
himself
See Chathas v.
___ _______
or
Beck
____
for evaluation,
reasonably believed by
presented a likely
others
by
reason
the UMB
threat of
of
mental
(7th Cir.
believe that Ahern made the calls to Cate and Igoe, and that,
in
view of
the
behavior, Ahern
professional
whether he
as
content
needed to
soon
as
of
the
tapes
be evaluated
possible in
might be dangerous
and
Ahern's
by a mental
order
by reason of
to
past
health
determine
mental illness.
by Dr.
-21-21-
and corroborated by
Dr.
Malick,
licensed
physician,
who
concluded
after
to Arbour.
In response, Ahern
and was
the September
19th call.
some support
for
UMB
officers.
court's
Nevertheless,
conclusion that
investigation, the
"even
we
agree
if there
complaint by Cate on
with the
district
were some
earlier
was
adequate
to
trigger
department" because
an 'emergency'
response
by
call "represented
the
Ahern
next
says
that the
an
emergency
warranting a
between
Ahern places
his
of
to
in
without more
return
delay
unilateral seizure
n.10.
defendants'
the station
on
the
that elapsed
afternoon
of
by Cate's machine
Ahern was
the
permitted Ahern
-22-22-
a marked patrol
car.
This argument is
hindsight,
objective facts
are equivocal.
known to the
Nonetheless, the
a "likelihood of
and to
serious harm by
believe that
community constituted
an emergent
reason of mental
an "emergency."
problem is resolved is
The
in the
UMB
"resulted largely
illness"
from an effort to
the delay
Ahern
further suggests
viewed him as
that the
defendants could
dangerous because he
did
not engage in
of
mental
illness
Probable cause
while
in this
in
his
sufficed
history
to show
no visible signs
defendants'
with
the
call and
presence.
only the
-- Ahern's threat,
of
harassment,
that
failure to
threats,
and
coupled
stalking,
hospitalize Ahern
would
Finally,
-23-23-
or misleading
Ahern might
remarks,
be suicidal.
"apparently
suicidal
psychiatrist he planned to
he
is simply
too
threats
and
Ahern
to Dr. Malick.
insubstantial to
contained the
today"
however,
"told
says that
This evidence,
create a
genuine
Our
conclusion is
not
altered by
the fact
or by the fact
that
that he
continued to pose a
is
to be noncommitable.
884
F.2d at
Similarly, it
an
"If there
v. McCollan,
________
ideal manner.
issue
We
443 U.S.
Chathas,
_______
at 145.
defendants acted in
is no trialworthy
2.
2.
The
to Arbour.
On appeal, Ahern
has
him to
relief, but
has simply
argued
that the
defendants
procedure because
no emergency
should have
existed, and
that a warrant
been
-24-24-
ch. 123,
12(e).
other allegations
of
waived.
In
against
this context,
unreasonable seizures
the complained-of
and thus
conduct
alleged
constitutional rights.
Gerstein v.
________
McKinney,
________
discussing
to
applies to
have
violated
of the
Ahern's
Pugh, 420
____
the
Amendment protection
more specifically
specific
(1994);
the Fourth
U.S. 103,
We have
Fourth Amendment
125 n.27
(1975);
already explained, in
point,
that the
evidence
by
or Cate.
C.
C.
Ahern also
arguing that
leading to
that
Educ.
_____
a separate
enjoyed
constitutional
district
made several
court
adequacy of the
correctly
in the proceedings
protections
rejected
his
In the district
this
his
effect, but
the
challenges to
the
-25-
in
532 (1985).
arguments to
claim,
There is no dispute
court, he
due process
Ahern
continued
raises
heard afforded
-25-
him prior to
his termination.
On appeal
Ahern has
waived
these arguments.
Ahern's
and
only
argument on
recording
respect to
manipulated evidence in
claims that
appeal with
bad faith."
In particular, he
of an
interview with
Igoe conducted
by McBride;
this
would
argues,
people
by
have
proved
showing that
relevant
Igoe
and
thought
that two
phone calls to
to
exculpatory,
Ahern
different
him.
Ahern
actual
log of calls.
ability
We readily
reject Ahern's
Ahern prior
have
Igoe
the
and
There
is no
adduced
questioning
argument.
allegedly-concealed
McBride.
by
Likewise,
information
he
could
by
have
discovered
UMB's
alleged
destruction and
deposition that
he believed
most, the
manipulation
of
reason to
later admitted in
people made
-26-26-
of
a second
caller;
Ahern
never
suggests that
arbitrator, who
evidence"
calls
by
both
parties
convincingly" established
the
that he
We note that
presented
"clearly and
with
In these
the "plethora
that
the
of
evidence
the
circumstances, we cannot
contest his
termination.
III.
III.
We need only
qualified immunity.
add a
brief word on
the subject
of
clearly identify
violate
U.S.
the Constitution."
See
___
Harlow v.
______
On appeal, Ahern's
actions might
Fitzgerald, 457
__________
sole argument on
premature.
We disagree.
on
qualified
immunity
Holloway,
________
immunity
________
is
set of
Cir. 1996).
facts,
a defendant is
entitled,
a given
question of
Because the
to the
protection of
law.
See Elder v.
___ _____
entitlement is
"an
-27-27-
Mitchell v. Forsyth,
________
_______
Court has
immunity
repeatedly "stressed
questions
litigation,"
Hunter
______
(citations omitted).
at
the
the importance
earliest
v. Bryant,
______
502
possible
U.S.
Supreme
of resolving
stage
224, 227
in
(1991)
Finally,
claims,
the
defendants
Gen.
Ahern
district
are entitled
civil
suits for
police
officers
chapter 123.
officers
claims.
statute,
that,
erred
in
to statutory
22.
on
his
state-law
ruling
that
immunity under
physicians,
who act
qualified
"pursuant
to
have already
conformance with
Mass.
psychologists,
and
the provisions"
of
determined that
the statute,
this provision on
that
she was
the state-law
responsible
error.
IV.
the
they were
the extent
the
immunity under
Dr. Moran
to
court
Because we
acted in
entitled to
argues
of the
for the
We find no
IV.
For
district
the
court is
foregoing reasons,
AFFIRMED.
AFFIRMED.
________
the
judgment of
the
Defendants-appellees.
Defendants-appellees.
____________________
-28-28-