Administrative Law Keyed to Lawson
Zinermon v. Burch
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Respondent was found wandering along a Florida highway, appearing hurt and disoriented. He was taken into a mental health care facility, where he was diagnosed as paranoid schizophrenic, and then moved to FSH, where he signed forms requesting admission and authorizing treatment. Respondent later brought this action in District Court alleging that Petitioners deprived him of his liberty without due process of law by admitting him as a “voluntary” mental patient when he was incompetent to give informed consent to his admission. The District Court reasoned there was no feasible predeprivation remedy, and under Parratt and Hudson, the State’s postdeprivation tort remedies provided Respondent with all the process that was due him. The Eleventh Circuit panel affirmed the dismissal, but the Court of Appeals ordered a rehearing en banc. On rehearing, and the Eleventh Circuit reversed the District Court and remanded the case. The United States Supreme Court granted certiorari to define the proper scope of the Parratt rule.
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