DOBY v. DeCRESCENZO

Nos. 98-1124, 98-1224.

171 F.3d 858 (1999)

Rebecca S. DOBY; Herbert K. Doby, Appellants in No. 98-1124, v. James DeCRESCENZO; Bucks County Department of Mental Health and Mental Retardation; Phillip M. Fenster, County Administrator, Bucks County Department of Mental Health and Mental Retardation, in his official capacity; Amy Bryant, individually and in her official capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health/Mental Retardation Lenape Valley Foundation; Debbie Neidhardt, individually and in her official capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health and Mental Retardation; Township of Warrington; Warrington Township Police Department; John Bonargo, Chief of Police, Warrington Township Police Department, in his official capacity; John Doe, Police Officer # 1, Officer who, with police officer # 2, asked Mrs. Doby to step outside apartment at approximately 7:00 p.m. and took Mrs. Doby in handcuffs and shackles to the hospital, individually and in his official capacity as police officer of Warrington Township; John Doe, Police Officer # 2, Officer who, with police officer # 1, asked Mrs. Doby to step outside apartment at approximately 7:00 p.m. and took Mrs. Doby in handcuffs and shackles to the hospital, individually and in his official capacity as police officer of Warrington Township; John Doe, Police Officer # 3, Officer who came to the Dobys' apartment at approximately 7:00 p.m. on December 30, 1993, and remained at their apartment after Mrs. Doby was taken to the hospital, individually and in his official capacity as police officer of Warrington Township; Lenape Valley Foundation; John C. Richards, M.D.; Doylestown Hospital; Joseph Knox, Sergeant, of the Warrington Township Police Department, in his official and individual capacity; Michael Neipp, Officer, of the Warrington Township Police Department, in his official and individual capacity; Kenneth Hawthorn, Officer, of the Warrington Township Police Department, in his official and individual capacity Rebecca S. Doby; Herbert K. Doby, Appellants in No. 98-1224 v. James DeCrescenzo; Bucks County Department of Mental Health And Mental Retardation; Phillip M. Fenster, County Administrator, Bucks County Department of Mental Health And Mental Retardation, in his official capacity; Amy Bryant, individually and in her official capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health/Mental Retardation Lenape Valley Foundation; Debbie Neidhardt, individually and in her official capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health and Mental Retardation; Township of Warrington; Warrington Township Police Department; John Bonargo, Chief of Police, Warrington Township Police Department, in his official capacity; John Doe, Police Officer # 1, Officer who, with police officer # 2, asked Mrs. Doby to step outside apartment at approximately 7:00 p.m. and took Mrs. Doby in handcuffs and shackles to the hospital, individually and in his official capacity as police officer of Warrington Township; John Doe, Police Officer # 2, Officer who, with police officer # 1, asked Mrs. Doby to step outside apartment at approximately 7:00 p.m. and took Mrs. Doby in handcuffs and shackles to the hospital, individually and in his official capacity as police officer of Warrington Township; John Doe, Police Officer # 3, 2 Officer who came to the Dobys' apartment at approximately 7:00 p.m. on December 30, 1993, and remained at their apartment after Mrs. Doby was taken to the hospital, individually and in his official capacity as police officer of Warrington Township; Lenape Valley Foundation; John C. Richards, M.D.; Doylestown Hospital; Joseph Knox, Sergeant, of the Warrington Township Police Department, in his official and individual capacity; Michael Neipp, Officer, of the Warrington Township Police Department, in his official and individual capacity; Kenneth Hawthorn, Officer, of the Warrington Township Police Department, in his official and individual capacity.

United States Court of Appeals, Third Circuit.

Decided March 22, 1999.


Attorney(s) appearing for the Case

Timothy I. McCann (argued) Linda A. Carpenter, McCann & Geschke, Philadelphia, PA, for appellants.

Joseph Goldberg (argued) Peggy B. Greenfeld, Tracy A. Walsh, Margolis Edelstein, Philadelphia, PA, for appellee James DeCrescenzo.

Sean X. Kelly (argued) Marks, O'Neill, Reilly, O'Brien & Courtney, Westmont, NJ, for appellees Bucks County Department of Mental Health and Mental Retardation, Phillip M. Fenster, County Administrator, Bucks County Department of Mental Health And Mental Retardation, in his official capacity, and Debbie Neidhardt, individually and in her official capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health and Mental Retardation and Township of Warrington.

Barbara S. Magen (argued) Donald N. Camhi, Amalia V. Romanowicz, Post & Schell, Philadelphia, PA, for appellees Amy Bryant, individually and in her official capacity as Delegate for the County Administrator of the Bucks County Department of Mental Health/Mental Retardation Lenape Valley Foundation and Lenape Valley Foundation.

L. Rostaing Tharaud (argued) Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, for appellees Warrington Township Police Department, John Bonargo, Chief of Police, Warrington Township Police Department, in his official capacity, Joseph Knox, Sergeant, Warrington Township Police Department, in his official and individual capacity, Michael Neipp, Officer, of the Warrington Township Police Department, in his official and individual capacity, and Kenneth Hawthorn, Officer, Warrington Township Police Department, in his official and individual capacity.

Alan S. Gold (argued) Monaghan & Gold, Elkins Park, PA, for appellee John C. Richards, M.D.

Marion H. Griffin (argued) Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, for appellee Doylestown Hospital.

Before: GREENBERG, ROTH, and LOURIE, Circuit Judges.


OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

Believing that his employee Rebecca Doby was suicidal, James DeCrescenzo filed a petition with the Bucks County Department of Mental Health to have her examined involuntarily under section 7302 of the Pennsylvania Mental Health Procedures Act. The appropriate county official granted the petition and issued a warrant instructing the local police to bring Doby to a nearby hospital...

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