Misuse of restraint techniques in psychiatric hospital
The Sixth Circuit recently held that nurses and orderlies who may have misused restraint techniques in subduing a psychiatric patient can be held responsible for the patient's death: a jury will have to consider the claim and resolve the conflicting factual allegations.
Because there were factual allegations supporting the claim that the patient was restrained in a manner known to be dangerous and in the circumstances unnecessary, the Court held that two of the several Defendants may not be entitled to immunity. The case, Lanman v. Hinson, et al., involved an Antrim County resident who was picked up in a psychotic condition and transferred to the Kalamazoo Psychiatric Hospital. It was pursued, and upheld, as a claim of denial of constitutional rights under 42 USC 1983.