Glass v. Mayas, 984 F.2d 55 (2d Cir. 1993). · Go Syfert
Glass v. Mayas, 984 F.2d 55 (2d Cir. 1993). Cases Citing This Book View Copy Cite
Quick Summary

The Fourth Amendment requires probable cause for involuntary hospitalization, meaning reasonable grounds must exist to believe the person is subject to seizure under the governing legal standard.

A plaintiff challenged his involuntary psychiatric hospitalization, arguing that the medical staff lacked probable cause to believe he was dangerous, thereby violating his Fourth Amendment and due process rights. The court examines whether the defendants are entitled to qualified immunity. It applies the rule that the Fourth Amendment requires probable cause for an involuntary hospitalization, defined as reasonable grounds for believing the person is subject to seizure under the governing legal standard. Because the medical staff possessed information regarding the plaintiff's reported threats, hostile demeanor, and extensive history of violence, the court finds their belief in his dangerousness was objectively reasonable. Consequently, the defendants are shielded from liability by qualified immunity, and the judgment is affirmed.

161 citation events (117 in the last 25 years) across 21 distinct courts.
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Cited for
At page 58 Applying fourth amendment seizure standards to involuntary confinement60 citing cases“the fourth amendment requires that an involuntary hospitalization 'may be made only upon probable cause, that is, only if there are reasonable grounds for believing that the person seized is subject to seizure under the governing legal standard.”8 citing courts quote it · 59 listed here
  • Barkai v. Mendez, 629 F. Supp. 3d 166 (S.D.N.Y. 2022).published
    (The Crisis Team took [plaintiff] to the hospital against his will, and he was involuntarily confined there pursuant 32 to state law. This infringement of his liberty was tantamount to the infringement of being arrested…)
  • Ashley v. Bridgeport, No. 3:17-cv-00724 (D. Conn. Mar. 31, 2021).
    (Other courts have construed the Fourth Amendment's protections to apply to involuntary hospitalizations. . . . We agree.)
  • Milner v. Duncklee, 460 F. Supp. 2d 360 (D. Conn. 2006).published 4 cites
    (That his seizure occurred in the civil context does not render the Fourth Amendment inapplicable.)
  • Eze v. Scott, 11 F. Supp. 3d 376 (E.D.N.Y. 2014).published 3 cites
    “the fourth amendment applies to involuntary commitment.”
  • Mulvey, No. 2:23-cv-08855 (E.D.N.Y. Feb. 27, 2026). 2 cites
    “This protection adheres whether the seizure is for purposes of law enforcement or due to an individual’s mental illness.” Myers v. Patterson, 819 F.3d 625, 632 (2d Cir. 2016). “[I]nvoluntary confinement to a hospital is ‘tantamount to the…
  • Lewis, No. 3:23-cv-00231 (D. Conn. Jan. 23, 2026).
    “The Fourth Amendment requires that an involuntary hospitalization ‘may be made only upon probable cause, that is, only if there are reasonable grounds for believing that the person seized is subject to seizure under the…”
  • Robert Derek Lurch Jr. v. Any & All Doctors That Gave the Order to Forcibly Injure the Plaintiff & Any Staff That Assisted, No. 1:25-cv-00820 (S.D.N.Y. Oct. 14, 2025).
    Kerman v. City of New York, 261 F.3d 229, 237 (2d Cir. 2001) (citing Glass v. Mayas, 984 F.2d 55, 58 (2d Cir. 1993)); Guan v. City of New York, 37 F.4th 797, 805 (2d Cir. 2022) (“[F]or a mental health arrest, police officers must have reas…
  • Wolak v. Town of Old Saybrook, No. 3:23-cv-00734 (D. Conn. Aug. 28, 2025).
    Although a conclusion that the defendant official’s conduct was objectively reasonable as a matter of law may be appropriate where there is no dispute as to the material historical facts, see, e.g., [Lennon v. Miller, 66 F.3d 416, 421 (2d…
  • Lewis v. Slaiby, No. 3:23-cv-00231 (D. Conn. Mar. 14, 2025).
    “The Fourth Amendment requires that an involuntary hospitalization ‘may be made only upon probable cause, that is, only if there are reasonable grounds for believing that the person seized is subject to seizure under the…”
  • Accardi v. Cnty. of Suffolk, No. 24-903 (2d Cir. Jan. 14, 2025).unpublished
    “[T]he Fourth Amendment applies to involuntary commitment”
Show 49 more citing cases
  • Moore v. City of New York, No. 1:22-cv-10957, 2024 WL 3361193 (S.D.N.Y. July 10, 2024).
    Courts have found that involuntary confinement to a hospital is ‘tantamount to the infringement of being arrested,’ and thus amounts to a seizure within the meaning of the Fourth Amendment.” Id. at *9 (quoting Glass v. Mayas, 984 F.2d 55,…
  • Zorrilla v. N.Y.P.D., No. 1:24-cv-01086 (S.D.N.Y. Apr. 15, 2024).
    Glass v. Mayas, 984 F.2d 55, 58 (2d Cir. 1993).
  • Rene v. Mustafa, No. 2:16-cv-04072, 2024 WL 1332556 (E.D.N.Y. Mar. 28, 2024). 2 cites
    (Id. (citing Glass v. Mayas, 984 F.2d 55, 57 (2d Cir. 1993).) Regarding Fifth Cause of Action: Plaintiff generally argues that if she is able to establish the doctors--including Mustafa--engaged in medical malpractice, then defendant docto…
  • Griffin v. Jacobi Med. Ctr., No. 1:21-cv-08247 (S.D.N.Y. Sept. 21, 2023). 3 cites
    Involuntarily taking an individual to a hospital or forcing them to stay there for the purpose of administering treatment constitutes a “seizure.” See Green v. City of New York, 465 F.3d 65, 85 (2d Cir. 2006); Glass v. Mayas, 984 F.2d 55,…
  • Alicea v. Bridgeport, No. 3:21-cv-01147 (D. Conn. Sept. 11, 2023).
    “A warrantless seizure for the purpose of involuntary hospitalization ‘may be made only upon probable cause, that is, only if there are reasonable grounds for believing that the person seized’ is dangerous to herself or to others.” Anthony…
  • Moore v. New York City Police Dep't, No. 1:23-cv-01300 (S.D.N.Y. May 9, 2023).
    Glass v. Mayas, 984 F.2d 55, 58 (2d Cir. 1993).
  • Torres v. City of New York, No. 1:19-cv-06332 (S.D.N.Y. Jan. 17, 2023).
    Glass v. Mayas, 984 F.2d 55, 58 (2d Cir. 1993); Kraft v. City of New York, 696 F. Supp. 2d 403, 415 (S.D.N.Y. 2010).
  • Li v. Peck, No. 3:21-cv-00996 (D. Conn. Aug. 11, 2022).
    Conn. Mar. 21, 2017) (quoting Glass v. Mayas, 984 F.2d 55, 58 (2d Cir. 1993)).
  • Lurch, Jr. v. Chaput, No. 1:16-cv-02517 (S.D.N.Y. Mar. 25, 2022). 2 cites
    Involuntary civil commitment gives rise to substantive and procedural due process claims under the Fourteenth Amendment, Rodriguez v. City of New York, 72 F.3d 1051 , 1061-62 (2d Cir. 1995), and unreasonable search and seizure claims under…
  • Surpris v. Montefiore Mount Vernon Hosp., No. 1:21-cv-07654 (S.D.N.Y. Dec. 7, 2021).
    Glass v. Mayas, 984 F.2d 55, 58 (2d Cir. 1993).
  • Davis v. City of Mount Vernon, No. 7:17-cv-08029 (S.D.N.Y. June 22, 2020).
    “The Fourth Amendment requires that an involuntary hospitalization ‘may be made only upon probable cause, that is, only if there are reasonable grounds for believing that the person seized is subject to seizure under the governing legal st…
  • Vivar v. New York City Police Dep't, No. 1:18-cv-05987, 2020 WL 1505654 (S.D.N.Y. Mar. 30, 2020).
    “occurs . . . when government actors have, by means of physical force or show of authority, in some way restrained the liberty of a citizen”
  • Harris v. Bowser, No. 2018-0768 (D.D.C. Mar. 27, 2019).published
    (An involuntary civil confinement itself amounts to a “seizure” under the Fourth Amendment)
  • Hull v. Town of Newtown, 174 A.3d 174 (Conn. 2017).published
    Glass v. Mayas, 984 F.2d 55, 58 (2d Cir. 1993).
  • Alfano v. Lynch, 847 F.3d 71 (1st Cir. 2017).published
    Counseling Ctr., 987 F.2d 397, 401 (7th Cir. 1993); Glass v. Mayas, 984 F.2d 55, 58 (2d Cir. 1993); Maag v. Wessler, 960 F.2d 773, 775-76 (9th Cir. 1991) (per curiam). 2 To be sure, the scenario presented in Ahern is not entirely congruent…
  • Zucker v. City of Farmington Hills, 643 F. App'x 555 (6th Cir. 2016).unpublished
    The court went on to explain that “[u]nder the Fourteenth Amendment Due Process Clause, police officers may lawfully seize a person without a warrant for purposes of mental health evaluation based on reasonable grounds to believe that the…
  • Greenaway v. Cnty. of Nassau, 97 F. Supp. 3d 225 (E.D.N.Y. 2015).published
    “The Fourth Amendment requires that an involuntary hospitalization may be made only upon probable cause, that is, only if there are reasonable grounds for believing that the person seized is subject to seizure under the…”
  • Kraft v. City of New York, 696 F. Supp. 2d 403 (S.D.N.Y. 2010).published 2 cites
    Glass v. Mayas, 984 F.2d 55, 58 (2d Cir.1993); Drozdik, 2003 WL 366639 , at *5.
  • Fisk v. Letterman, 501 F. Supp. 2d 505 (S.D.N.Y. 2007).published
    Fourth Amendment Ms. Fisk’s involuntary commitment at Bellevue constituted a seizure within the meaning of the Fourth Amendment, which protects against unreasonable searches and seizures. 13 See Glass v. Mayas, 984 F.2d 55, 58 (2d Cir.1993…
  • Hoyer v. DiCocco, 457 F. Supp. 2d 110 (D. Conn. 2006).published 3 cites
    “The Fourth Amendment requires that an involuntary hospitalization ‘may be made only upon probable cause, that is, only if there are reasonable grounds for believing that the person seized is subject to seizure under the…”
  • Saliby v. Kendzierski, 407 F. Supp. 2d 393 (D. Conn. 2006).published 2 cites
    See Anthony v. City of New York, 339 F.3d 129, 137 (2d Cir.2003); Glass v. Mayas, 984 F.2d 55, 58 (2d Cir.1993).
  • Waananen v. Barry, 343 F. Supp. 2d 161 (D. Conn. 2004).published
    Fourth Amendment Claim “The Fourth Amendment requires an official to have probable cause to believe that a person is dangerous to himself or others before he can seize and detain such person for a psychiatric evaluation.” Glass v. Mayas, 9…
  • Kerman v. City Of New York, 374 F.3d 93 (1st Cir. 2004).published
    Although a conclusion that the defendant official's conduct was objectively reasonable as a matter of law may be appropriate where there is no dispute as to the material historical facts, see, e.g., Lennon v. Miller, 66 F.3d at 421 ; Glass…
  • Kerman v. City of New York, 374 F.3d 93 (2d Cir. 2004).published
    Although a conclusion that the defendant official’s conduct was objectively reasonable as a matter of law may be appropriate where there is no dispute as to the material historical facts, see, e.g., Lennon v. Miller, 66 F.3d at 421 ; Glass…
  • Anthony v. City of New York, 339 F.3d 129 (2d Cir. 2003).published 2 cites
    Glass v. Mayas, 984 F.2d 55, 58 (2d Cir.1993) (quoting Villanova v. Abrams, 972 F.2d 792, 795 (7th Cir.1992)) (internal quotation marks omitted); accord Monday v. Oullette, 118 F.3d 1099, 1102 (6th Cir.1997) (“The Fourth Amendment requires…
  • Commonwealth v. McLeod, 771 N.E.2d 142 (Mass. 2002).published
    “The loss of liberty that one faces even when temporarily committed is ‘tantamount to the infringement of being arrested.’ ” Commonwealth v. Bruno, supra at 507 , quoting Glass v. Mayas, 984 F.2d 55, 58 (2d Cir. 1993).
  • Owens v. City of Fort Lauderdale, 174 F. Supp. 2d 1298 (S.D. Fla. 2001).published
    See Doby v. DeCrescenzo, 171 F.3d 858, 871 (3d Cir.1999) (analyzing the plaintiffs claims of excessive force during an involuntary commitment proceeding under the Fourth Amendment); Dowdell v. Chapman, 930 F.Supp. 533, 543 (M.D.Ala.1996) (…
  • Owens v. City of Fort Lauderdale, 174 F. Supp. 2d 1282 (S.D. Fla. 2001).published
    See Doby v. DeCrescenzo, 171 F.3d 858, 871 (3d Cir.1999) (analyzing the plaintiffs claims of excessive force during an involuntary commitment proceeding under the Fourth Amendment); Dowdell v. Chapman, 930 F.Supp. 533, 543 (M.D.Ala.1996) (…
  • Robert Kerman v. City of New York, 261 F.3d 229 (2d Cir. 2001).published
    Glass v. Mayas, 984 F.2d 55, 58 (2d Cir. 1993).
  • Kerman v. City of New York, 261 F.3d 229 (2d Cir. 2001).published
    Glass v. Mayas, 984 F.2d 55, 58 (2d Cir.1993).
  • Commonwealth v. Bruno, 735 N.E.2d 1222 (Mass. 2000).published
    (emergency commitment for fifteen days under New York Mental Hyg. Law, § 9.39)
  • Anaya v. Crossroads Managed Care Sys., Inc., 195 F.3d 584 (10th Cir. 1999).published
    In 1993 the Second Circuit also “agree[d] with these decisions and conclude[d] that the Fourth Amendment applies to involuntary commitment.” Glass v. Mayas, 984 F.2d 55, 58 (2nd Cir.1993).
  • State v. Harris, 975 P.2d 1228 (Kan. Ct. App. 1999).published
    “seizure occurred in [a] civil context does not render the Fourth Amendment inapplicable”
  • S.P. v. City of Takoma Park, 134 F.3d 260 (4th Cir. 1998).published
    See Gooden, 954 F.2d at 967 (holding that a police officer’s seizure of an individual for an emergency psychiatric evaluation must be supported by probable cause); see also Monday, 118 F.3d at 1101 ; Ahern, 109 F.3d at 817 ; Pino, 75 F.3d…
  • Rzayeva v. Foster, 134 F. Supp. 2d 239 (D. Conn. 2001).published
  • McCabe v. Life-Line Ambulance Serv., Inc., 77 F.3d 540 (1st Cir. 1996).published
  • No. 01-7978(l), 339 F.3d 129 (2d Cir. 2003).published
  • Dowdell v. Chapman, 930 F. Supp. 533 (M.D. Ala. 1996).published
  • Tenenbaum ex rel. Tenenbaum v. Williams, 862 F. Supp. 962 (E.D.N.Y. 1994).published
  • Alston v. Parker, 452 F. Supp. 2d 597 (D.N.J. 2006).published
  • Hoffman v. Cnty. of Delaware, 41 F. Supp. 2d 195 (N.D.N.Y. 1999).published
  • Sampson v. City of Schenectady, 160 F. Supp. 2d 336 (N.D.N.Y. 2001).published
  • Ahern v. O'Donnell, 109 F.3d 809 (1st Cir. 1997).published
  • Simon v. Cook, 261 F. App'x 873 (6th Cir. 2008).unpublished
  • Raub v. Campbell, 3 F. Supp. 3d 526 (E.D. Va. 2014).published
  • Kaplan v. Cnty. of Orange, 528 F. Supp. 3d 141 (S.D.N.Y. 2021).published
  • Baeringer v. Plainview-Old Bethpage Cent. Sch. Dist., No. 2:23-cv-03557, 2024 WL 3161814 (E.D.N.Y. June 25, 2024).
  • Shaw, No. 1:24-cv-00226 (W.D.N.C. Mar. 9, 2026).
  • Bryant v. Steele, 25 F. Supp. 3d 233 (E.D.N.Y. 2014).published
At page 57 Determining objective reasonableness for qualified immunity defense25 citing cases“thus, the availability of qualified immunity turns on whether it was objectively reasonable for the defendants to believe, at the time they examined the plaintiff and in light of the information that they possessed, that the plaintiff was dangerous.”1 citing court quotes it · passage not found verbatim in the opinion (91%) · 24 listed here
  • Eze v. Scott, 11 F. Supp. 3d 376 (E.D.N.Y. 2014).published 3 cites
    Mar. 5, 2014) (“[T]he Supreme Court made clear ... that mentally ill individuals have a right to be free from bodily restraint except in situations where professional judgment deems restraint necessary to assure the patient’s safety or the…
  • Mulvey, No. 2:23-cv-08855 (E.D.N.Y. Feb. 27, 2026). 2 cites
    “This protection adheres whether the seizure is for purposes of law enforcement or due to an individual’s mental illness.” Myers v. Patterson, 819 F.3d 625, 632 (2d Cir. 2016). “[I]nvoluntary confinement to a hospital is ‘tantamount to the…
  • Rene v. Mustafa, No. 2:16-cv-04072, 2024 WL 1332556 (E.D.N.Y. Mar. 28, 2024). 2 cites
    (Id. (citing Glass v. Mayas, 984 F.2d 55, 57 (2d Cir. 1993).) Regarding Fifth Cause of Action: Plaintiff generally argues that if she is able to establish the doctors--including Mustafa--engaged in medical malpractice, then defendant docto…
  • Bailey v. Pataki, 708 F.3d 391 (2d Cir. 2013).published
    (upholding involuntary commitment without a predeprivation hearing where the committed individual “was hospitalized following two reports he was threatening an individual with a gun,” had displayed behavior described by…)
  • Monaco v. Hogan, 576 F. Supp. 2d 335 (E.D.N.Y. 2008).published
    See, e.g., Project Release v. Prevost, 722 F.2d 960, 971 (2d Cir.1983) (upholding facial validity of New York's civil commitment scheme); Glass v. Mayas, 984 F.2d 55, 57 (2d Cir.1993) (qualified immunity). 32 .
  • Hoyer v. DiCocco, 457 F. Supp. 2d 110 (D. Conn. 2006).published 3 cites
    The Second Circuit has recognized the right to be free from involuntary hospitalization absent probable cause: “The Fourth Amendment requires that an involuntary hospitalization ‘may be made only upon probable cause, that is, only if there…
  • Katzman v. Khan, 67 F. Supp. 2d 103 (E.D.N.Y. 1999).published
    See, e.g., Kulak v. City of New York, 88 F.3d 63, 76 (2d Cir.1996); Glass v. Mayas, 984 F.2d 55, 57 (2d Cir.1993); Sumay v. City of New York Health and Hosp.
  • Williams v. Lopes, 64 F. Supp. 2d 37 (D. Conn. 1999).published 2 cites
    Glass v. Mayas, 984 F.2d 55, 57-58 (2d Cir.1993); see Rodriguez v. City of New York, 72 F.3d 1051, 1061 (2d Cir.1995) (stating that an “involuntary civil commitment is a ‘massive curtailment of liberty,’ and it therefore cannot permissibly…
  • Scott v. Hern, No. 98-1320 (10th Cir. June 6, 2000).published
  • Sagendorf-Teal v. Cnty. of Rensselaer, 100 F.3d 270 (2d Cir. 1996).published
Show 14 more citing cases
At page 55 Reviewing qualified immunity in civil rights claims2 citing casesLUMBARD, Circuit Judge: Kendall Glass appeals from a judgment of the Eastern District of New York, Platt, C.J., granting the defendants’ motion for summary…opening of page *55 (no citing court says what it cites this page for) · 1 listed here
  • William E. "Buster" Fisher v. Tom E. Harden, 398 F.3d 837 (6th Cir. 2005).published 3 cites
    Appx. 215, 217-18 (5th Cir.2004); Bailey v. Kennedy, 349 F.3d 731, 734-35 (4th Cir.2003); Glass v. Mayas, 984 F.2d 55, 55-56 (2d Cir.1993); Sherman v. Four County Counseling Ctr., 987 F.2d 397, 399 (7th Cir.1993); Gooden v. Howard County,…
Retrieving the full opinion text from the archive…
Kendall GLASS
v.
Manuel MAYAS, M.D., personally, Celia Wong, M.D., personally, J.L. Inciong, M.D., personally, Anand Nadkarni, M.D., personally, Boris Dadic, M.D., personally, Rosalina Sarigumba, M.D., personally, Santokh Singh Ohson, M.D., personally, Dinesh K. Sood, M.D., personally
No. 477, Docket 92-7673.
Court of Appeals for the Second Circuit.
Jan 15, 1993.
Published opinion
984 F.2d 55
1993 WL 7223
1993 U.S. App. LEXIS 659
William M. Brooks, Huntington, NY, Mental Disability Law Clinic, Touro College, Jacob D. Fuchsberg Law Center (William Miller, Law Student Intern, of counsel), for plaintiff-appellant., Robert K. Drinan, Asst. Atty. Gen., Mi-neóla, NY (Robert Abrams, Atty. Gen. of the State of N.Y., of counsel), for defendants-appellees.
Lumbard, Meskill, Winter.
Cited by 56 opinions  |  Published
Pinpoint authority: bottom 21%
LUMBARD, Circuit Judge:

Kendall Glass appeals from a judgment of the Eastern District of New York, Platt, C.J., granting the defendants’ motion for summary judgment on his claim pursuant to 42 U.S.C. § 1983 (1988) against several doctors and a nurse for violating his constitutional rights by involuntarily hospitalizing him for psychiatric care. Judge Platt ruled that the defendants were entitled to qualified immunity. 794 F.Supp. 470 (E.D.N.Y.1992). We affirm.

On June 23, 1989, the Nassau County police went to a boarding house in Massa-pequa, New York to investigate allegations from an unknown source that Glass was threatening another resident with a gun. Glass denied that he had a gun, and when the police were unable to find one, they left.

A week later, on June 30, the police received another complaint that Glass was threatening a resident with a gun. When the police and the Nassau County Medical[*56] Center Crisis Team responded, they saw Glass digging around trees and a cesspool cover in a strange manner. Glass again denied having a gun; no gun was discovered.

Dr. Manuel Mayas and Celia Wong, R.N., members of the Crisis Team, observed and questioned Glass. They found him to be hostile, angry, uncooperative, and argumentative and diagnosed him as a chronic, paranoid schizophrenic. They also noted* that he appeared unkempt. The Crisis Team then took Glass to the Nassau County Medical Center (“NCMC”).

Dr. Mayas and Ms. Wong’s screening/admission notes reflect Glass’s extensive psychiatric history: his father committed suicide; his mother had been hospitalized for psychiatric care on numerous occasions; and Glass had been hospitalized for psychiatric care six times, most recently from April 1986 to February 1988. The notes also mention reports in Glass’s file of past violent behavior. He had abused his mother, stabbed his brother three times during a fight, and ignited a propane tank in his home.

At the NCMC, Glass was examined by Dr. J.L. Inciong, who certified Glass for involuntary hospitalization pursuant to New York Mental Hygiene Law (“NYMHL”) § 9.39[1] on the basis of the reports concerning the gun, his digging activity, and his hostile and guarded attitude. Inciong’s screening/admission notes also refer to Glass’s psychiatric history, including his history of violence.

Glass was transferred to the Pilgrim Psychiatric Center where he was examined by Dr. Anand Nadkarni.[2] Based on Glass’s threats to others, Dr. Nadkarni found that Glass manifested a tendency to cause harm to others, and he confirmed Dr. Inciong’s decision to admit Glass.

On July 13, 1989, Dr. Boris Dadic, Glass’s treating physician, applied for continued hospitalization of Glass pursuant to NYMHL § 9.27.[3] Dr. Dadic noted that Glass was a chronic schizophrenic and continued to display guarded, suspicious, and paranoid behavior. The application was also signed by Dr. Rosalina Sarigumba, who noted the accusation about the gun and observed that Glass was verbally abusive, suspicious, paranoid, and showed impaired judgment. She concluded that he was dangerous.

Drs. Santokh Singh Ohson and Dinesh K. Sood examined Glass and certified him for additional hospitalization pursuant to NYMHL § 9.27. Dr. Sood based his conclusion on the report that Glass had threatened someone with a gun, his suspicious, hostile, guarded, and angry attitude, and his incoherent and illogical speech. Dr. Ohson’s conclusion was also based on the reported threats and on Glass’s conduct.

On July 19, 1989, Glass requested a judicial hearing to challenge his confinement, as provided for by NYMHL § 9.31. A date was set, but numerous adjournments were granted, and the hearing never took place. The delays appear to have resulted from Glass’s attempt to change attorneys. Glass was released from Pilgrim on September 29, 1989 after 91 days of confinement.

[*57] Glass brought this action in September 1990 claiming that his confinement violated (1) his right to due process because he did not satisfy the dangerousness requirement for involuntary hospitalization, and (2) his Fourth Amendment right to be free from unreasonable seizures because the defendants lacked probable cause to confine him. We agree with Judge Platt that the defendants were entitled to qualified immunity on both claims.

A. Due Process

Qualified immunity protects government officials from the “costs of trial” and “broad reaching discovery” by shielding them from liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 817-18, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982). “[W]hether an official protected by qualified immunity may be held personally liable for an allegedly unlawful official action generally turns on the ‘objective legal reasonableness’ of the action ... assessed in light of the legal rules that were ‘clearly established’ at the time it was taken.” Anderson v. Creighton, 483 U.S. 635, 639, 107 S.Ct. 3034, 3038, 97 L.Ed.2d 523 (1987) (quoting Harlow, 457 U.S. at 818-19, 102 S.Ct. at 2738).

Determining the objective legal reasonableness of a specific action depends upon the level of generality with which applicable legal rules are defined. “The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Anderson, 483 U.S. at 640, 107 S.Ct. at 3039. Thus, in the context of an illegal police search, the Anderson Court inquired “whether a reasonable officer could have believed Anderson’s warrantless search to be lawful, in light of clearly established law and the information the searching officer possessed.” Id. at 641, 107 S.Ct. at 3040.

Glass claims that his involuntary commitment violated the Due Process Clause because he was not dangerous.[4] The Supreme Court has held that “a State cannot constitutionally confine without more a nondangerous individual who is capable of surviving in freedom by himself or with the help of willing and responsible family members.” O’Connor v. Donaldson, 422 U.S. 563, 576, 95 S.Ct. 2486, 2494, 45 L.Ed.2d 396 (1975). Accordingly, New York law has been interpreted to require a finding of dangerousness. See Matter of Scopes v. Shah, 59 A.D.2d 203, 398 N.Y.S.2d 911, 913 (3d Dep’t 1977); Project Release v. Prevost, 722 F.2d 960, 973 (2d Cir.1983). Thus, the availability of qualified immunity turns on whether it was objectively reasonable for the defendants to believe, at the time they examined Glass and in light of the information that they possessed, that Glass was dangerous.

We agree with Judge Platt that the defendants’ actions were objectively reasonable. Glass was hospitalized following two reports that he was threatening an individual with a gun and observations of strange behavior. Furthermore, his demeanor was variously described by those who examined him as hostile, guarded, angry, suspicious, uncooperative, and paranoid. Finally, he had an extensive psychiatric history, which included a history of violent behavior, multiple instances of hospitalization for psychiatric care, and a family history of mental illness.

We reject Glass’s contention that the defendants acted unreasonably because they failed to ask him about specific events such as the digging around the cesspool. The defendants had considerable evidence of Glass’s mental illness. They were aware of his psychiatric history. Mayas, Wong, and Inciong’s notes reflected this history, and Sarigumba, Ohson, and Sood submitted uncontroverted affidavits which stated that they were aware of Glass’s history. Moreover, Glass was hostile and uncooperative during the examinations. It was reasonable for the defendants to believe that questioning Glass about specific aspects of[*58] his conduct would not have aided them in their diagnosis.

B. Fourth Amendment

Glass also alleges that his commitment violated the Fourth Amendment’s prohibition against “unreasonable ... seizures” because the defendants lacked probable cause to believe he was dangerous.

Glass was “seized” within the meaning of the Fourth Amendment. The Supreme Court has stated, “a ‘seizure/ triggering the Fourth Amendment’s protections occurs only when government actors have, ‘by means of physical force or show of authority, ... in some way restrained the liberty of a citizen.’ ” Graham v. Connor, 490 U.S. 386, 395 n. 10, 109 S.Ct. 1865, 1871 n. 10, 104 L.Ed.2d 443 (1989) (quoting Terry v. Ohio, 392 U.S. 1, 19 n. 16, 88 S.Ct. 1868, 1879 n. 16, 20 L.Ed.2d 889 (1968)). The Crisis Team took Glass to the hospital against his will, and he was involuntarily confined there pursuant to state law. This infringement of his liberty was tantamount to the infringement of being arrested. See Gooden v. Howard County, Md., 917 F.2d 1355, 1362 n. 3 (4th Cir.1992), rev’d on other grounds, 954 F.2d 960 (4th Cir.1992) (en banc). That his seizure occurred in the civil context does not render the Fourth Amendment inapplicable. See Soldal v. Cook County, Illinois, — U.S. -, -, 113 S.Ct. 538, 546, 121 L.Ed.2d 450 (1992) (“the [Fourth] Amendment’s protection applies in the civil context as well.”) (citations omitted).

Other courts have construed the Fourth Amendment’s protections to apply to involuntary hospitalizations. In Maag v. Wessler, 960 F.2d 773 (9th Cir.1991), the court explained: “Although confinement of the mentally ill by state action is generally analyzed under the due process clause of the fourteenth amendment, we analyze the distinct right to be free from an unreasonable government seizure of the person for whatever purpose.” Id. at 775 (citations omitted). See also, Gooden v. Howard County, Md., 954 F.2d 960 (4th Cir.1992) (en banc); Villanova v. Abrams, 972 F.2d 792 (7th Cir.1992); Harris v. Pirch, 677 F.2d 681 (8th Cir.1982); In re Barnard, 455 F.2d 1370, 1373 (D.C.Cir.1971). We agree with these decisions and conclude that the Fourth Amendment applies to involuntary commitment.

Nevertheless, because the “seizure” of Glass was reasonable, the defendants are entitled to qualified immunity. The standard for qualified immunity in the Fourth Amendment context is objective reasonableness. See Graham v. Connor, 490 U.S. 386, 397, 109 S.Ct. 1865, 1872, 104 L.Ed.2d 443 (1988). The Fourth Amendment requires that an involuntary hospitalization “may be made only upon probable cause, that is, only if there are reasonable grounds for believing that the person seized is subject to seizure under the governing legal standard.” Villanova, 972 F.2d at 795.

Because we have already concluded that the defendants were objectively reasonable in finding Glass dangerous in the due process context, it follows that they were objectively reasonable in making the same determination in the Fourth Amendment context. Therefore, the defendants are protected from liability for violating the Fourth Amendment by the doctrine of qualified immunity.

Affirmed.

1

NYMHL § 9.39(a) allows for the emergency admission of a mentally ill person for fifteen days if a "person [is] alleged to have a mental illness for which immediate observation, care, and treatment in a hospital is appropriate and which is likely to result in serious harm to himself or to others.” The term "likelihood to result in serious harm” means a "substantial risk of physical harm to himself ... or other conduct demonstrating that he is dangerous to himself’ or “a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious physical danger." Id.

2

NYMHL § 9.39(a) forbids the detention of a person for involuntary treatment for more than forty-eight hours unless the initial finding is confirmed by another member of the hospital’s psychiatric staff.

3

NYMHL § 9.27 provides that a patient can be retained for involuntarily treatment beyond 15 days if two physicians certify that the patient is "alleged to be mentally ill and in need of involuntary care and treatment.” This section has been interpreted to require a finding that the patient poses a danger to himself or others. Matter of Scopes v. Shah, 59 A.D.2d 203, 398 N.Y.S.2d 911, 913 (3d Dep’t 1977).

4

Glass does not claim that the legal procedures required for his commitment were violated.