Q: I applied for and received a mental health detainment warrant against my wife who suffers from various mental illnesses.
The problem is, even though a judge signed and approved the warrant, when sheriff deputies showed up at our home to execute the warrant and take her to a hospital to receive a psychiatric evaluation, assessment and/or treatment, my mentally ill wife began to accuse me of attacking her the day before and I was arrested but later released. The sheriff’s department was admonished by the judge who signed the warrant in my presence and told me that my civil rights were violated. Since this happened my wife has continued to go without treatment and has been causing me problems. Do I have a case against the sheriff’s department for not executing the warrant that I applied for and was granted? I thought about going to the media with this shocking story, but I think finding a legal remedy might serve me better than a media one.
A: You may very well have a legitimate claim against the sheriff deputies and may be able to recover any compensable damages you sustained as a result of their actions (e.g. lost wages for time spent in jail, attorney fees to secure your release, etc.).
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