Enberg v. Bonde

YETKA, Justice.

Plaintiff Lanny Enberg sought damages and injunctive and declaratory relief as a result of his involuntary detention at Brain-erd State Hospital under Minn.Stat. § 253A.04, subd. 1 (1980). 1 The trial court denied that relief. Plaintiff appeals, claiming the statute is unconstitutional in that it does not require evidence of an overt act, attempt or threat of harm to self or others prior to emergency hospitalization and also does not require a preliminary hearing within 72 hours of initial detention. We find that plaintiff’s first claim has been mooted by the adoption of…