Can my friend sue for negligence after a detox facility and police mishandled his Baker Act?

Question

I helped my friend check into a detox and mental health facility one afternoon. The next morning, when I called to check on him, they had no idea where he was. I later learned from a corrections officer friend of mine that my friend was in jail for petty theft… stealing water and a sandwich, despite having $400 on him. Apparently while at the detox facility, he had made threats of self-harm, and the staff called the police to Baker Act him. However, the police officer transported him to a specific baker act mental health facility but didn’t admit him. A judge eventually Baker Acted him while he was in jail. He’s doing better now, but I believe this was negligence on multiple fronts. Who can I contact, and what are my options? I have more info and spoke to the actual police officer who transported him but im trying to keep this short

Charles M. Baron · Answer

You are obviously a very good friend to that person - but your friend must be the one who seeks legal advice.  You may assist your friend by looking for a lawyer for him to consult with, and your friend can include you in the communications with a lawyer if he wishes, but it would not be lawful for you to get some legal information, then convey it to your friend as legal advice for him to rely on.   Regarding the incident, although the criminal charge and the Baker Acting occurred within a continuous series of events, those are two different subject matters that must be separately analyzed regarding whether authorities acted lawfully, and if they did not, whether there is a potential worthwhile claim for money damages.  If the criminal charge is still pending, no false arrest claim may be filed because the defendant must be cleared of the charge in order for there to be a potential claim.  So if the charge is still pending, the number one concern is representation in the criminal court, so the type of lawyer to consult on that is criminal defense attorney.  For advice on whether there would be potential claims for false arrest and/or false Baker Acting, a civil rights attorney would be appropriate.

James L. Arrasmith · Answer

I'm sorry to hear about your friend's experience. It sounds like there may have been several lapses in how his situation was handled. Negligence claims can arise if the facility and police failed to meet their duty of care, leading to harm. 
 
You should reach out to a lawyer who has experience with personal injury or civil rights cases. They can help determine if there's a valid case based on the specifics of what happened. Gathering all relevant documents, such as admission records, police reports, and any communication with the facility, will be important. 
 
Additionally, you might consider contacting local legal aid organizations or your state bar association for recommendations. They can provide guidance on the next steps and connect you with professionals who can assist. Taking action sooner rather than later can be beneficial for building a strong case.

Q: Can my friend sue for negligence after a detox facility and police mishandled his Baker Act?