HEALTH LAW
Supreme Court of Alaska (2023)
Justin T. Reed
In Matter of Abigail B., 528 P.3d 440 (Alaska 2023), the supreme court held that the prolonged pre-evaluation detention of a mental health patient violates the patient’s substantive due process rights when the nature and duration of that detention is not reasonably related to the limited purpose of transportation to an evaluation facility. (Id. at 442). This case consolidated the cases of Abigail and Jethro (Id.). After being admitted to local hospitals for mental health emergencies, superior courts ordered that Abigail and Jethro were to be transported to the first available beds at an evaluation facility. (Id. at 443–46). Due to lack of capacity at such facilities, Abigail and Jethro remained detained at their initial hospitals for thirteen and seventeen days, respectively. (Id.). The supreme court held that the substantive due process rights of both Abigail and Jethro were violated. (Id. at 448). First, the court turned to recent precedent to determine that the sole purpose of pre-evaluation detention is to facilitate immediate delivery to an evaluation facility because, without the ordered evaluation, healthcare providers lack crucial information regarding appropriate treatment for the patient. (Id. at 449). After establishing facilitation of transportation as the sole purpose of pre-evaluation detention, the court held that the nature of Abigail’s and Jethro’s detentions were not reasonably related to that purpose. (Id. at 450). The court reasoned that neither hospital could provide Abigail nor Jethro with appropriate treatment informed by the ordered evaluations, but their liberties were nevertheless severely curtailed. (Id.). The court also emphasized the prolonged duration of Abigail’s and Jethro’s detentions, noting that even Abigail’s shorter detention was more than twice as long as the maximum allowable evaluation period once a patient arrives at an evaluation facility. (Id.). Thus, the Supreme Court held that the prolonged pre-evaluation detention of a mental health patient violates the patient’s substantive due process rights when the nature and duration of that detention is not reasonably related to the limited purpose of transportation to an evaluation facility. (Id. at 442).
