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A.S. v. LINCOLNHEALTH

Docket: Lin-20-117.

246 A.3d 157 (2021)

2021 ME 6

A.S. v. LINCOLNHEALTH.

Supreme Judicial Court of Maine.

Decided: January 28, 2021.

Attorney(s) appearing for the Case

Meegan J. Burbank, Esq. (orally), Berry & Burbank, Boothbay Harbor, for appellant A.S.

James P. Bailinson, Esq. , (orally), and Michelle Bush, Esq. , MaineHealth, Portland, for appellee LincolnHealth.

Steven L. Johnson, Esq. (orally), and Taylor D. Fawns, Esq. , Kozak & Gayer, P.A., Augusta, for amicus curiae Maine Hospital Association.

Emma E. Bond, Esq. (orally), and Zachary L. Heiden, Esq. , American Civil Liberties Union of Maine Foundation, Portland, for amicus curiae American Civil Liberties Union of Maine Foundation.

Aaron M. Frey , Attorney General, and Molly Moynihan , Asst. Atty. Gen. (orally), Office of the Attorney General, Augusta, for amicus curiae Department of Health and Human Services.

Panel: MEAD, GORMAN, HUMPHREY, HORTON, and CONNORS, JJ.

[¶1] On February 24, 2020, law enforcement officers brought A.S. to the LincolnHealth Miles Hospital Campus in Damariscotta, and he was held in the emergency department of that hospital for the next thirty days. At no time during that period did LincolnHealth seek or obtain judicial endorsement of its detention of A.S., as required...

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