Civil commitment and liability for violating patients' rights.

Abstract

Susan Rockwell walked into the emergency room ofCape Cod Hospital on a winter’s day in 1992 to ask where the Alcoholics Anonymous group was taking place. She never made it to the meeting. Instead, according to the account she later gave, she was asked to speak with a social worker, who in turn called one of the hospital’s physicians. Within a short time, Ms. Rockwell was searched, physically restrained, given antipsychotic medications despite her objections, and involuntarily admitted to the hospital. Although she repeatedly asked to be discharged, it was two days before another physician, who found no indication that she was dangerous to herself or others, released her to the care of her psychiatrist. One year later, acting as her own lawyer, Ms. Rockwell filed suit in federal court against Cape Cod Hospital and the two physicians involved in her care. This was no ordinary malpractice action. Rather, Ms. Rockwell sued under Title 42, Section 1983, of the United States Code, which provides that: “Every person who, under color of any statute, ordinance, or regulation. . . of any State subjects . . . any citizen of the