Legal Opinion

Trueblood ex rel. Badayos v. Washington State Department of Social & Health Services

Court of Appeals for the Ninth Circuit

Decided May 6, 2016No. 15-35462PublishedCited by 45 opinions

1Opinion of the Court

OPINION

Opinion by

Judge M. MARGARET McKEOWN, Circuit Judge:

Washington State, through its Department of Social and Health Services (“DSHS”),1 has faced considerable challenges — both legal and practical — in administering timely competency evaluation and restoration services to pretrial detainees in city and county facilities. It is well recognized that detention in a jail is no substitute for mentally ill detainees who need therapeutic evaluation and treatment. Long-standing Supreme Court precedent requires that “a person whose mental condition is such that he lacks the capacity to understand…

2Cases cited18 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Zadvydas v. DavisSupreme Court of the United States · 2001
  3. Lewis v. CaseySupreme Court of the United States · 1996
  4. Rizzo v. GoodeSupreme Court of the United States · 1976
  5. Drope v. MissouriSupreme Court of the United States · 1975

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3Cited by45 opinions

  1. Craig Geness v. Jason CoxCourt of Appeals for the Third Circuit · 2018
  2. Atayde v. Napa State HospitalDistrict Court, E.D. California · 2017
  3. Powell v. Md. Dep't of HealthCourt of Appeals of Maryland · 2017
  4. In the Matter of the Necessity for the Hospitalization of Mabel B., In the Matter of the Necessity for the Hospitalization of: Sarah D.Alaska Supreme Court · 2021
  5. State v. HandWashington Supreme Court · 2018

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