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January 16th, 2011, 02:22 AM #1Banned
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Harrisburg,
Pennsylvania
(Dauphin County) - Posts
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Mental health records and money damages; a case
Here's an interesting read on mental health records and money damages for those who haven't come across it previously. It's worth a read, if for no other reason than to be reminded and baffled that there's no cause of action for money damages in the Pa. Constitution.
R.H.S. v. Allegheny County Dept. of Human Services, Office of Mental Health, 936 A.2d 1218 (Pa.Cmwlth. 2007).
Plaintiff’s complaint sets forth eight causes of action: libel (Count I);
negligence (Count II); intentional infliction of emotional distress (Count III);
a Fourteenth Amendment due process violation (Count IV);
and, violations of the Pennsylvania Constitution, specifically Article 1, §1 (relating to inherent rights of mankind),
§7 (relating to freedom of press and speech; libels),
§8 (relating to security from searches and searches)
and §21 (relating to right to bear arms) (respectively Counts V-VIII).
Plaintiff seeks monetary relief for the alleged intentional torts, negligence and constitutional violations. In addition, Plaintiff requests an order barring Defendants from submitting her name to other state agencies . . .. Significantly, Plaintiff also seeks expunction of her mental health record with the PSP. She further requests a declaration that Sections 6105(c)(4) and 6111.1 of the Firearms Act, 18 Pa. C.S. §§6105(c)(4) and 6111.1, are unconstitutional . . .
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