Mental Health and Civil Law When dealing with those that are mentally ill there are a number of civil issues that may arise. Although those who are mentally ill may have a hard tiem conforming to societal standards, they still have the same rights as everyone else. These rights came into question in the United States Supreme Court case of O’Connor v. Donaldson. Donaldson was a mentallt ill man who sued the man who was tasked with looking over him while he was institutionalized. However, the United States Supreme Court did set a precedent for the preservation of rights of the mentally ill (O'CONNOR v. DONALDSON., 2017).
Kenneth Donaldson was a mentally ill man that was being held in Florida State Hospital because it was believed that he posed a danger to himself and others. He had suffered a mental break while visiting his parents where he believed that their neighbor was plotting to murder him (O'Connor v. Donaldson.,2017). Shortly after, Donaldson’s father petitioned for him to take part in a sanity hearing. At the time of this hearing Donaldson had not retained a lawyer and was forced to represent himself in court. He was ultimaely …show more content…
O’Connor, the head of the hospital to court on the grounds that he had deprived him of his right to liberty. Donaldson argued that this deprivation was both intentional and malicious. While in custody Donaldson was exposed to violent offenders and in some cases was not even able to leave his living area. Donaldson felt that is was malicious that he was held for such a long time and denied release. Over the course of those 15 years, Donaldson petitioned for his release and was several times. During his first trial by jury he argued that the hospital had to power to release him if he was not a danger to himself or others, but chose not to do so (O'Connor v. Donaldson.,2017). The jury sided with Donaldson and O’Connor was ordered to pay Donaldson reparations ( O'CONNOR v. DONALDSON.,