wondering if i have a case?

Jurisdiction: 

Area of Law: 

Question: 

My husband and I are separated. In Dec 2011 , I called his staff sargeant (USAF) to inform him im recieving texts from my husband saying he is going to kill himself. They located him on base and had him taken to a local hospital for evaluation. After the evaluation, they determined that he needed treatment and had him involuntarily commited and transferred to a behavioral health center where he was to be treated for 30 days. After being transferred to the facility where he was to be treated, he stayed overnight and was released the next morning because he lied and said he was no longer in the military and no longer had insurance. (which was not true). So without any verification the released him. Less than a month later he was back in the hospital in a coma because he tried to commit suicide. After he woke up a week later i have been recieving threatening texts becuase i reported that he was going to attempt to kill himself and i no longer feel safe at my home with my daughter because he knows where we live, and we have had domestic violence incidents before. Im wondering if i can sue both the facility or the military staff who were aware of the incident and that my husband lied to be released and took no action?

Selected Answer: 

DakotaLegal's picture

 

 
You have what seems to be a chance of successfully suing the medical facility, and its staff, for negligence, under what’s known as “tort” law. You also have grounds for a suit against the actions of the US military, based on an area of liability known as the Federal Torts Claim Act, or FTCA, under several federal rules (such as 10 U.S.C. § 1089). Here’s a place with details about claims against federal medical centers… http://bphc.hrsa.gov/ftca/healthcenters/index.html.Keep in mind that these claims may involve complicated issues of “jurisdiction” (where the case may be brought in state or federal courts). The ‘clock’ for you to sue is also running, under the Statute of Limitations, since the injuries began in December, over a year ago. Generally, any court action will have to be brought within two years. You might get free legal help, through Urban Justice… http://www.urbanjustice.org/ujc/projects/homeless.html.
 
It will be important for you to prove actual, physical injuries, too. Keep a journal describing physical symptoms you may have had, from changes in sleep, nightmares to nervousness, panic attacks, loss of appetite, depression, and any medical treatments…including counseling.
 
There are now several important cases, where the US military was successfully sued for the way they hired their employees, or if those employees failed to meet their proper job responsibilities. This can be true if someone (such as a spouse) is hurt: even if that “someone” is a civilian. You’ll want to know about the Kearney case, where a wife was horribly murdered by a Navy man after being improperly released by military personnel: http://openjurist.org/815/f2d/535/kearney-v-united-states.
 
The “Duty To Warn” And Other Responsibilities
 
There was case where a federal employee (in this case, a postal worker) assaulted someone. This raised three possible duties of the federal government, and each of them probably apply in your case… (1) negligence in hiring; (2) negligence in supervision; (3) negligent failure to warn. http://caselaw.findlaw.com/us-9th-circuit/1201341.html.
 
These duties can cover the hiring of civilian personnel by the military, too. Though you gave a great amount of detail, it may be important for you to explain how you found out some of these details, and definitely vital when you found out. These two factors will be essential in proving the dangers or emotional distress you were potentially paced in. The more detail you can give, to show each of these separate duties, and the ways you found out they were violated, the stronger your case. You will want to establish a timeline, alongside verified text message authorship (proving they were from your husband), to prove a threat came from the Navy’s failure to properly treat your husband.
 
One difficulty in your case is proving cause and effect. For example, let’s assume the hospital was wrong to release your husband the first time: what danger or harm did that cerate for you or for your daughter?
 
Breaking Specific Military Regulations & State Laws
 
The Kearney case, mentioned earlier, involved several breaches of duty, including the duty to warn, but also specific safety rules and regulations. For example, the US Army has been effective in decreasing domestic violence by taking note of applicable state laws, and getting state law enforcement involved. You should look though the domestic violence manual: http://www.apd.army.mil/pdffiles/r608_18.pdf.
 
The ability to show that you had made previous domestic abuse complaints to military personnel and did not receive adequate help can be important. Showing the Air Force failed to follow its own procedures to prevent domestic abuse, harassment, or intimidation by a mentally ill service member will also help, if you try win a case against these groups.

All Comments

DakotaLegal's picture

 

 
You have what seems to be a chance of successfully suing the medical facility, and its staff, for negligence, under what’s known as “tort” law. You also have grounds for a suit against the actions of the US military, based on an area of liability known as the Federal Torts Claim Act, or FTCA, under several federal rules (such as 10 U.S.C. § 1089). Here’s a place with details about claims against federal medical centers… http://bphc.hrsa.gov/ftca/healthcenters/index.html.Keep in mind that these claims may involve complicated issues of “jurisdiction” (where the case may be brought in state or federal courts). The ‘clock’ for you to sue is also running, under the Statute of Limitations, since the injuries began in December, over a year ago. Generally, any court action will have to be brought within two years. You might get free legal help, through Urban Justice… http://www.urbanjustice.org/ujc/projects/homeless.html.
 
It will be important for you to prove actual, physical injuries, too. Keep a journal describing physical symptoms you may have had, from changes in sleep, nightmares to nervousness, panic attacks, loss of appetite, depression, and any medical treatments…including counseling.
 
There are now several important cases, where the US military was successfully sued for the way they hired their employees, or if those employees failed to meet their proper job responsibilities. This can be true if someone (such as a spouse) is hurt: even if that “someone” is a civilian. You’ll want to know about the Kearney case, where a wife was horribly murdered by a Navy man after being improperly released by military personnel: http://openjurist.org/815/f2d/535/kearney-v-united-states.
 
The “Duty To Warn” And Other Responsibilities
 
There was case where a federal employee (in this case, a postal worker) assaulted someone. This raised three possible duties of the federal government, and each of them probably apply in your case… (1) negligence in hiring; (2) negligence in supervision; (3) negligent failure to warn. http://caselaw.findlaw.com/us-9th-circuit/1201341.html.
 
These duties can cover the hiring of civilian personnel by the military, too. Though you gave a great amount of detail, it may be important for you to explain how you found out some of these details, and definitely vital when you found out. These two factors will be essential in proving the dangers or emotional distress you were potentially paced in. The more detail you can give, to show each of these separate duties, and the ways you found out they were violated, the stronger your case. You will want to establish a timeline, alongside verified text message authorship (proving they were from your husband), to prove a threat came from the Navy’s failure to properly treat your husband.
 
One difficulty in your case is proving cause and effect. For example, let’s assume the hospital was wrong to release your husband the first time: what danger or harm did that cerate for you or for your daughter?
 
Breaking Specific Military Regulations & State Laws
 
The Kearney case, mentioned earlier, involved several breaches of duty, including the duty to warn, but also specific safety rules and regulations. For example, the US Army has been effective in decreasing domestic violence by taking note of applicable state laws, and getting state law enforcement involved. You should look though the domestic violence manual: http://www.apd.army.mil/pdffiles/r608_18.pdf.
 
The ability to show that you had made previous domestic abuse complaints to military personnel and did not receive adequate help can be important. Showing the Air Force failed to follow its own procedures to prevent domestic abuse, harassment, or intimidation by a mentally ill service member will also help, if you try win a case against these groups.