Legal Opinion · Dissent
Olivier v. Robert L. Yeager Mental Health Center
Court of Appeals for the Second Circuit
Decided February 9, 2005No. Docket No. 02-9494Published
1DissentRaggi, Circuit Judge
In this involuntary commitment case, the court reverses a jury verdict in favor of plaintiff Olivier because it concludes that no group of laypersons could have determined that the defendant doctors violated due process without “expert testimony to establish the relevant medical standards that were allegedly violated.” Supra at 190. I respectfully dissent.
1. Requiring Expert Medical Testimony to Pursue a Due Process Challenge to Involuntary Commitment
Preliminarily, I observe that I do not understand the court today to be holding that expert testimony is an absolute prerequisite to…
2Cases cited12 opinions
- Salen v. United States Lines Co.Supreme Court of the United States · 1962
- Joann S. Reed, Plaintiff-Appellee-Cross-Appellant v. A.W. Lawrence & Co., Inc., Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1996
- Marilyn GALDIERI-AMBROSINI, Plaintiff-Appellant, v. NATIONAL REALTY & DEVELOPMENT CORP., Defendant-AppelleeCourt of Appeals for the Second Circuit · 1998
- Rodriguez v. City of New YorkCourt of Appeals for the Second Circuit · 1995
- Bossett v. WalkerCourt of Appeals for the Second Circuit · 1994
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