Michigan Compiled Laws

Mich. Comp. Laws § 330.1439 (2026)

Cause of action against person filing petition.

✓ current as of July 2026

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MENTAL HEALTH CODE

Act 258 of 1974

330.1439 Cause of action against person filing petition.

Sec. 439.

(1) A cause of action is not cognizable against a person who in good faith files a petition under this chapter alleging that an individual is a person requiring treatment, unless the petition is filed as the result of an act or omission amounting to gross negligence or willful and wanton misconduct.

(2) A cause of action is not cognizable against a preadmission screening unit or its employees or contractors or a crisis stabilization unit or its employees or contractors, who in good faith makes a determination as to whether an individual is a person requiring treatment or not, unless the determination is the result of an act or omission amounting to gross negligence or willful and wanton misconduct.

History: Add. 1986, Act 118, Eff. Mar. 31, 1987 ;-- Am. 2020, Act 402, Eff. Mar. 24, 2021

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1992–2024 · leading case: Pavlov v. Cmty. Emergency Med. Serv., Inc, 491 N.W.2d 874 (Mich. Ct. App. 1992).

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Pavlov v. Cmty. Emergency Med. Serv., Inc, 491 N.W.2d 874 (Mich. Ct. App. 1992). · cites it 2× “800(427b)(2) (officer taking persons into protective custody); MCL 330.1439; MSA 14.800(439) (person filing treatment petition under Mental Health Code); MCL 333.”

Patrick-Joseph Groulx v. Rashid Iqbal (Mich. Ct. App. 2024). “Defendants could also conceivably be liable under MCL 330.1439 if they were grossly negligent or engaged in willful and wanton misconduct.”

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