Jackson v.Commonwealth, 2013-CA-0582, TO BE PUBLISHED, Affirmed
The Court of Appeals
reaffirmed that a Defendant who suffers from mental illness and is arrested
during a time where police officers believe that he presents a danger, or
threat of danger to himself, family or others, must be taken for a mental
health evaluation prior to the placing of any charges against him.
The Court also found that the
psychiatric intake nurse who conducted an initial psychiatric evaluation was
not a state actor because the nurse was not present in order to assist the
prosecution and not acting in concert with law enforcement. He was simply
acting in response to a potential defendant who had immediate psychiatric
needs.
John Landon of the Appeals
Branch represented Mr. Jackson on appeal. He was represented by David Farley of
the Owensboro office at trial.
Contributed by Julia Pearson
