Pembroke Hospital v. D.L.Annotate this Case
In this case involving involuntary civil commitment due to mental illness, the Supreme Court held that an individual may not be said to have been "discharged" from a facility within the meaning of Mass. Gen. Laws ch. 123 if his iberty has not been restored.
D.L. was held involuntarily at Pembroke Hospital on a temporary basis due to mental illness. When Pembroke's petition to extend D.L.'s confinement was denied, Pembroke purportedly "discharged" D.L. but also detained and transported him without his permission to a second hospital for another mental health evaluation. This evaluation led to an order for involuntary confinement. The Appellate Division found that there was no abuse of the involuntary commitment procedure under Mass. Gen. Laws ch. 123, 12. The Supreme Court disagreed, holding that Pembroke violated chapter 123 by failing to discharge D.L. after the denial of its petition to continue D.L.'s confinement.