Legal Opinion

Karchefske v. Department of Mental Health

Michigan Court of Appeals

Decided May 20, 1985No. Docket 69058PublishedCited by 20 opinions

1Opinion of the CourtWahls, P.J.

Plaintiffs allege in their complaint that on or about July 17, 1981, while receiving psychiatric treatment as an inpatient of the Northville Regional Psychiatric Hospital, plaintiffs’ decedent was physically restrained in a manner which strangled or choked him and caused the blood supply to his brain to be stopped, resulting in death. Plaintiffs further allege that the negligent and intentional acts or omissions of defendant were reasonably and substantially likely to result in the infliction of cruel and unusual punishment1 while depriving decedent of life without due process of law,2…

2Cases cited34 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Ex Parte YoungSupreme Court of the United States · 1908
  5. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984

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3Cited by20 opinions

  1. Howlett Ex Rel. Howlett v. RoseSupreme Court of the United States · 1990
  2. Smith v. Department of Public HealthMichigan Supreme Court · 1987
  3. Hill v. Dept. of CorrectionsSupreme Court of Florida · 1987
  4. Lowery v. Department of CorrectionsMichigan Court of Appeals · 1985
  5. Bird v. State, Department of Public SafetyCourt of Appeals of Minnesota · 1985

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