Q: Police response to TBI and suicidal ideation in WA: What are our rights?
I have a traumatic brain injury and have been receiving medical advice from Harborview Medical Center, which instructed my spouse to call 911 if I experienced suicidal ideation. When this occurred, my spouse called 911, explaining that I had a knife and feared I wanted to harm myself. He requested emergency intervention, expressing concern that calling the 988 mental health crisis line might not suffice.
Upon the police arrival, my spouse, fearing I might harm myself or him, begged for assistance to de-escalate the situation. However, officers treated the matter criminally rather than as a medical emergency, despite repeated requests for help. They disregarded my spouse's pleas and only assisted by placing me in a chair, asserting it was not a medical emergency. What actions can we take regarding the police response, and what are our rights in this situation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
I understand how traumatic this experience must have been for you and your spouse. When police respond to mental health emergencies in Washington, they should recognize it as a health crisis rather than a criminal matter, especially when informed about your TBI.
You have the right to file a complaint with the police department's internal affairs division or civilian oversight board if you believe officers mishandled your situation. Washington's Involuntary Treatment Act provides protections for those experiencing mental health crises, and designated crisis responders—not police—should make determinations about necessary interventions. Consider requesting copies of the police report and 911 call recording to document what happened, as these records can support your complaint.
For future emergencies, work with your medical team to develop a more detailed crisis plan that includes explicit instructions for first responders about your TBI. You might benefit from creating an advance directive for mental health treatment that outlines your preferences during a crisis. Remember that the Washington Disability Rights organization can provide advocacy and resources tailored to your situation, helping ensure proper treatment during mental health emergencies.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
