Catherine Brennan v. Cass County Health, Human and Veteran Services, et al.
SocialSecurity DueProcess Punishment HabeasCorpus Privacy JusticiabilityDoctri Jurisdiction
Is Heck v. Humphrey precedent to require persons subject to civil commitment proceedings not related to a criminal proceeding to vacate the commitment order of a non-criminal patient prior to commencing a section 1983 action?
QUESTIONS PRESENTED 1. Is Heck v. Humphrey precedent to require persons subject to civil commitment proceedings not related to a criminal proceeding to vacate the commitment order of a non-criminal patient prior to commencing a section 1983 action? 2. Does due process require that “willful indifference” be proven when government officials and medical personnel involved in civil commitment proceedings inject a non-consenting person with psychotropic drugs in direct violation of a state statute? i