Torisky Ex Rel. Torisky v. Schweiker

OPINION OF THE COURT

STAPLETON, Circuit Judge.

This appeal presents the issue of whether a state’s affirmative duty under the Due Process Clause to care for and protect a mental health patient in state custody depends upon the individual’s custody being involuntary. Contrary to the District Court’s resolution of this issue, we conclude that the state does not owe the affirmative duties of care and protection first enunciated in Youngberg v. Romeo, 457 U.S. 307, 102 S.Ct. 2452, 73 L.Ed.2d 28 (1982), to those individuals who are free to leave state custody. We will affirm the District Court’s…