Civil Rights Act not applicable.

- Private commitment, which involved the hospitalization and guardianship process allowed by state law, did not involve action "under color" of state law so as to invoke the protection of the federal civil rights act. Harvey v. Harvey, 749 F. Supp. 1118 (M.D. Ga. 1990), aff'd, 949 F.2d 1127 (11th Cir. 1992).

Order does not authorize full inventory search.

- Search of a civil detainee under O.C.G.A. §§ 37-3-41(a) and37-7-41(b) before being placed in a patrol car, absent some valid reason for the officer conducting the search to take custody of the clothing, container, or bag searched, does not come within the ambit of allowable inventory searches because such an inventory presupposes some valid reason for taking custody of the object being searched; an inventory search which is not necessary to achieve the recognized custodial goals of such a search is not permissible, and no controlling precedent authorizes a full inventory search on the basis that a detainee will be transported to another location in a patrol car for a mental health evaluation. Lindsey v. State, 282 Ga. App. 644, 639 S.E.2d 584 (2006).

Drug evidence found in a defendant's pocket by a police officer who was executing a civil order to apprehend the defendant for a mental health evaluation under O.C.G.A. §§ 37-3-41(a) and37-7-41(b) should have been suppressed because the search in which the officer found the evidence did not come within the ambit of allowable inventory searches; no full inventory search was authorized on the basis that the defendant was to be transported in a patrol car to the location of the evaluation. Lindsey v. State, 282 Ga. App. 644, 639 S.E.2d 584 (2006).

Acts admitted by insanity plea sufficient to sustain criteria for civil commitment.

- Acts admitted by a plea of not guilty by reason of insanity establish that the defendant meets the criteria for civil commitment. Once that condition had been established it is presumed to continue at the time of an application for release. Moses v. State, 167 Ga. App. 556, 307 S.E.2d 35 (1983), overruled on other grounds, Nagel v. State, 262 Ga. 888, 427 S.E.2d 490 (1993).

Action for false imprisonment.

- When one is held in custody pursuant to a void or defective physician's certificate, there is a viable claim for false imprisonment, but only if the certificate was not issued in "good faith." Williams v. Smith, 179 Ga. App. 712, 348 S.E.2d 50 (1986).

When one is taken into custody pursuant to a procedurally valid certificate of a physician authorizing involuntary mental treatment, the resulting detention is not "unlawful"; therefore, a cause of action for false imprisonment will not lie for such detention, although the detention may give rise to other claims. Williams v. Smith, 179 Ga. App. 712, 348 S.E.2d 50 (1986).

Admission at a hospital which was valid and proper precludes liability for false imprisonment against any party defendant for that admission. Heath v. Emory Univ. Hosp., 208 Ga. App. 629, 431 S.E.2d 427 (1993).

"Lawful" detention does not become "unlawful" by failure of a facility to provide a person detained with the notices required by O.C.G.A. § 37-3-44, and the trial court erred in ruling that the plaintiff had a viable claim for false imprisonment based upon such failure. Ridgeview Inst., Inc. v. Handley, 224 Ga. App. 533, 481 S.E.2d 531 (1997).

"False imprisonment" at mental hospital involves a medical question.

- Although action was one for false imprisonment, the standard to determine whether or not the plaintiff was unlawfully detained by institutionalization at a mental hospital was a medical one; therefore, the court looked to cases involving medical malpractice in determining whether or not the defendant exercised reasonable medical care in diagnosing the plaintiff's mental condition and whether the defendant acted properly based upon that diagnosis. Carter v. Landy, 163 Ga. App. 509, 295 S.E.2d 177 (1982), overruled on other grounds, Williams v. Smith, 179 Ga. App. 712, 348 S.E.2d 50 (1986).

Observance of proper medical and legal procedures supported summary judgment.

- Defendant's undisputed expert medical testimony that the defendant exercised proper medical care in rendering the defendant's diagnosis and utilized proper legal procedures in effectuating transfer of plaintiff patient to Georgia Regional Hospital supported grant of partial summary judgment in defendant's favor as to the issue of false imprisonment. Carter v. Landy, 163 Ga. App. 509, 295 S.E.2d 177 (1982), overruled on other grounds, Williams v. Smith, 179 Ga. App. 712, 348 S.E.2d 50 (1986).

Physician's reliance on personal observation.

- In determining opinions as to the mental condition of a person, a physician can rely upon the physician's personal observation as well as testimony of behavior observed by others. Carter v. Landy, 163 Ga. App. 509, 295 S.E.2d 177 (1982), overruled on other grounds, Williams v. Smith, 179 Ga. App. 712, 348 S.E.2d 50 (1986).

No authority to take defendant into custody.

- Officers were not acting within the scope of their lawful authority when they took the defendant into custody because they did not have a physician's certificate or court order as required by O.C.G.A. § 37-3-41, and it was undisputed that the defendant had not committed, nor was the defendant suspected of committing, a penal offense as mandated by O.C.G.A. § 37-3-42(a). Boatright v. State, 327 Ga. App. 785, 761 S.E.2d 176 (2014).

Order does not authorize search incident to arrest.

- Drug evidence found in a defendant's pocket by a police officer who was executing a civil order to apprehend the defendant for a mental health evaluation under O.C.G.A. §§ 37-3-41(a) and 37-7-41(b) should have been suppressed because such an order authorized civil protective custody, not a criminal arrest pursuant to O.C.G.A. §§ 17-4-1 and17-4-40; because no criminal arrest had taken place based on probable cause, the defendant had not been arrested such that a search incident to an arrest was authorized. Lindsey v. State, 282 Ga. App. 644, 639 S.E.2d 584 (2006).

Cited in J.L. v. Parham, 412 F. Supp. 112 (M.D. Ga. 1976); Lindsey v. State, 252 Ga. 493, 314 S.E.2d 881 (1984).

ALR.

- Validity, construction, and application of overt act requirement of state statutes providing for commitment of sexually dangerous persons, 56 A.L.R. 6th 647.