Advance Release Opinions – December 20

Connecticut Supreme Court

The Supreme Court advance released an opinion in a personal injury matter about a police duty to search those in civil mental health custody.

Hull v. Newtown – Lupienski went to the police station complaining of hallucinations and shortness of breath. Without searching him, a police officer took him into custody and had EMS take him to the hospital, where he was admitted. About 38 hours later, Lupienski shot Hull, a nurse manager at the hospital. Hull brought suit, alleging that the police had a duty to search Lupienski before he got to the hospital. The trial court granted the Town’s summary judgment motion and Hull appealed. The Supreme Court noted that “the police would have been required to search Lupienski only if the [department’s] arrest policy in conjunction with § 17a-503 (a) [civil mental health custody] , or the [department’s] transportation policy, imposed a ministerial duty to do so.” The Supreme Court affirmed, finding that the search requirement of the arrest and transportation policies applied only to those in “custody” in the criminal context, not the civil mental health context.