Friday, May 19, 2023

Friedenberg v. Lane County (9th Cir. - May 19, 2023)

If you're especially interested in arcane procedural issues regarding what exactly you have to plead in order to asset removal under a particular (relatively uncommon) federal statute, the jurisdictional fight between the majority and dissent in this opinion might interest you. Check it out in the opinion itself.

By contrast, if you're interested in far more pedestrian factual details about why this lawsuit was filed in the first place, I can summarize those for you quite succinctly:

"In March 2015, Michael Bryant (“Bryant”) was convicted of criminal mischief and criminal trespass in the Springfield City Municipal Court in Oregon. Bryant suffers from schizophrenia and bipolar disorder with serious symptoms of psychosis. The court, as a condition of his probation, referred Bryant to a Jail Diversion Program in Lane County, Oregon, which allows mentally ill persons convicted of crimes to avoid incarceration if they comply with a mental health treatment plan. The court ordered Bryant to report to LCMH for treatment and to “follow all directives of LCMH.” . . .

In March 2015, Bryant started his treatment with LCMH as required by the court’s order. Plaintiffs allege, however, that from roughly March 2015 to November 2015, Bryant repeatedly violated his probation by refusing to take his prescribed medication and missing medical appointments without reason. Plaintiffs contend that despite Bryant’s repeated failures to comply with his treatment plan, no one at LCMH reported his violations to the court.

On November 15, 2015, Bryant had a psychotic breakdown, attacked his parents with a baseball bat, killed his father, and seriously injured his mother. Bryant also killed the family dog and set the family home on fire. Bryant then took the family’s SUV and drove to Springfield, Oregon, where he ran over and killed pedestrian Richard Bates. After killing Bates, Bryant drove to Eugene, Oregon, where he ran over pedestrians Lorre and Marc Sanford. Marc Sanford died from his injuries and Lorre Sanford was severely injured."

Oof. Not good.