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important category of cases of alleged psychiatric malactions for false and improper com
Malicious Prosecution
The answer to this intriguing query is to be found in
Loweii vs Hilton (351 P 2d 881), decided by the Supreme
Court of Colorado in I960. In that case the plaintiff brought
a suit for malicious prosecution against his brother and a
psychiatrist. He charged that they had conspired to institute
lunacy proceedings against him. The plaintiff's brother had
signed a petition and the psychiatrist had written a letter to
the Denver County Court requesting that the plaintiff be
confined. Pursuant to their request, the court issued a "Hold
and Treat Order" authorizing the plaintiff's confinement.
The plaintiff was discharged eight days thereafter when the
court found that he was not insane and that it was unneces
sary that he be confined.
The trial court dismissed the plaintiff's complaint for ma
licious prosecution on the basis of a Colorado statute which
provides that a 'Hold and Treat Order' shall be a com
of such patient as
plete protection for the confinement
against all persons." The Supreme Court of Colorado, in
reversing the decision of the trial court, held that this statute
does not bar this action. The court stated: "A person who ad
mittedly has been maliciously wronged by persons who con"
...
acquitted.
The plaintiff brought suit against the psychiatrist to obtain
damages for malicious prosecution on account of being
charged with lunacy and being confined prior to trial on such
charge. At the trial the psychiatrist testified that from what
the wife told him he could see that the plaintiff's mental
furies were becoming more and more frequent, in an evertightening spiral, and that an explosion was about due. In
addition, the psychiatrist testified that he thought the plain
negligence.
Alleged
In
Lack of
Woodruff vs Shores
Psychiatric Examination
(190 SW 2d 994), decided by the
False
Imprisonment
In Blitz vs Boog (328 F 2d 596), the United States Court
her will.
In March I960, the patient went to the 24th Street VA
Hospital in New York city for outpatient emergency treat
The
patient
I960, for
October
origin."
was