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Katia JULIAN, Plaintiff and Appellant, v. MISSION COMMUNITY HOSPITAL et al., Defendants and Respondents.

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Synopsis

Background: Teacher brought action against school district, district's police department, five individual police officers, a hospital, its owner, and the physician who treated teacher after the officers transported her to the hospital, alleging violations of the Lanterman-PetrisShort (LPS) Act, section 1983, and the Tom Bane Civil Rights Act. The Superior Court, Los Angeles County, No. LC100529, Frank J. Johnson, J., sustained demurrers without leave to amend. Teacher appealed.

Holdings: The Court of Appeal, Segal, J., held that: [1] there was no private right of action for the alleged violations of the LPS Act; [2] police sergeant had probable cause to detain teacher under Fourth Amendment; [3] district and police department were immune from liability for any violation of the state constitution's protection against unreasonable searches and seizures;

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Foy v. Greenblott, 141 Cal.App.3d 1 (1983) Negative Treatment

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Plaintiff mother, an adjudicated incompetent, and her minor son, who was conceived and born in mental health facility, sued the facility, attending and treating physicians there at and mother's public guardian seeking damages on theory that birth was due to defendants' negligence.The Superior Court, Santa Clara County, Bruce F. Allen,J., entered judgment on demurrer dismissing action,and mother and child appealed. The Court of Appeal,Christian, J., held that: (1) the county, as guardian, could not be held liable for alleged negligence in selection of licensed private mental health facility or for failing to monitor mother's care and supervision thereat; (2) no recovery could be had for deprivation of a normal parent-child relationship; (3) facility and physicians thereat could not be held liable on theory that a woman adjudicated incompetent should not be permitted to bear a child; (4)allegations that physicians failed to make contraceptive counseling and medication available stated claim for relief...

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