632.440. No liability for health care professionals, public officials and certain peace officers. — No officer of a public or private agency, mental health facility or mental health program; no head, attending staff or consultant of any such agency, facility or mental health program; no behavioral health liaison, registered professional nurse, licensed physician, mental health professional nor any other public official performing functions necessary for the administration of this chapter; no peace officer responsible for detaining a person pursuant to this chapter; and no peace officer responsible for detaining or transporting, or both, any person upon the request of any behavioral health liaison pursuant to section 632.305 or acting pursuant to the request of a guardian who is acting pursuant to chapter 475, or upon the request of the head of any supervisory mental health program who is acting pursuant to section 632.337, regardless of whether such peace officer is outside the jurisdiction for which he or she serves as a peace officer during the course of such detention or transportation, or both, shall be civilly liable for investigating, detaining, transporting, conditionally releasing or discharging a person pursuant to this chapter or chapter 475, at or before the end of the period for which the person was admitted or detained for evaluation or treatment so long as such duties were performed in good faith and without gross negligence.
Notes of Decisions
Christenson v. Freeman Health Sys., 71 F. Supp. 3d 964 (W.D. Mo. 2014).
· cites it 14× “Mo.Rev.Stat. § 632.440. The Complaint does not allege that Pletcher failed to act in good faith or was grossly negligent.”
Dydell v. Taylor, 332 S.W.3d 848 (Mo. 2011).
· cites it 2× “, § 632.440, RSMo 2000 (no liability for healthcare professionals in detaining, transporting or releasing civil detainees); § 192.”
Boyer v. Tilzer, 831 S.W.2d 695 (Mo. Ct. App. 1992).
· cites it 5× “Despite the factual similarity to this case, plaintiffs insist Sherrill is not authoritative because § 632.440 RSMo.1980, which became effective after the date of the occurrence in Sherrill , was not considered by the Supreme Court.”
Doe Hm v. City of Creve Coeur, Mo., 666 F. Supp. 2d 988 (E.D. Mo. 2009).
· cites it 2× “§ 632.440 (1996). Lasater and Thomeczek acted in response to a report that Plaintiff was in possession of firearms and intended *1004 to commit suicide, facts that they corroborated by seizing loaded firearms from his vehicle and speaking with Crystal about the suicide note and…”
Porter v. Maunnangi, 764 S.W.2d 699 (Mo. Ct. App. 1988).
· cites it 4× “This issue is resolved by § 632.440, RSMo (1986). That section provides: No liability for public officials and certain peace officers.”
Bunting v. Huckstep, 853 S.W.2d 448 (Mo. Ct. App. 1993).
· cites it 4× “Specifically, § 632.440 RSMo 1986 2 provides: 632.440. No liability for public officials and certain peace officers.”
Stephanie Clark v. SSM Healthcare St. Louis, d/b/a SSM Health St. Joseph Hosp., Wentzville, Dawn Holemon, M.D., Lee M. Freund, D.O., & St. Charles Emergency Grp., LLC. (Mo. Ct. App. 2023).
· cites it 22× “’s death, (2) Respondents were immune from civil liability under section 632.440 of the Missouri comprehensive psychiatric services law (CPS law), sections 632.”
Pierce v. Pemiscot Mem'l Health Sys., 25 F. Supp. 3d 1198 (E.D. Mo. 2014).
· cites it 4× “Mo.Rev.Stat. § 632.440 (emphasis added). Plaintiffs claims arise from her continued detention after the expiration of the 96-hour detention order and, therefore, § 632.”
Ross v. Lehman (E.D. Mo. 2023).
· cites it 2× “” Section 632.440 provides civil immunity from suit for health care professionals, public officials, and certain peace officers who investigate, detain, transport, conditionally release, or discharge individuals pursuant to Chapter 632.”
Radtke v. Winzen, 995 F. Supp. 2d 1045 (E.D. Mo. 2014).
· cites it 3× “Although the issue has not been argued by either party, the Court does note Section 632.440 provides civil immunity from suit for health care professionals, public official, and certain peace officers who investigate, detain, transport, conditionally release, or discharge…”
Burst (E.D. Mo. 2026).
“14 13 Moreover, Missouri Revised Statute § 632.440 grants immunity from civil liability to health care professionals, public officials, and peace officers “performing functions necessary for the administration of this chapter” including “for investigating, detaining,…”
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