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Jablonski By Pahls V. United States
''Jablonski by Pahls v. United States'', 712 F.2d 391 (9th Cir. 1983) is a landmark case in which the 9th Circuit Court of Appeals determined that a mental health professional's duty to predict dangerousness includes consulting a patient's prior records, and that their duty to protect includes the involuntary commitment of a dangerous individual; simply warning the foreseeable victim is insufficient. Facts Phillip Jablonski was dating Melinda Kimball and had threatened to kill her and her mother (Isobel Pahls). After one incident that culminated in a threat towards her mother, she took him to the Loma Linda VA Hospital, where the doctor conducted a risk assessment, but did not consult his prior records, which documented a history of violent behavior. Based on this incomplete data, he determined erroneously that Jablonski was not a danger to himself or others and released him. He warned Kimball to leave Jablonski but did not warn her of his potential for violence. When Jablonski w ...
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United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabil ...
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Eugene Allen Wright
Eugene Allen Wright (February 23, 1913 – September 3, 2002) was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. Education and career Born in Seattle, Washington, Wright received an Artium Baccalaureus degree from the University of Washington in 1934 and a Juris Doctor from the University of Washington School of Law in 1937. He was in the United States Army Reserve as a colonel from 1934 to 1965. He was in active service from 1941 to 1946. He was in private practice in Seattle from 1937 to 1941 and from 1946 to 1954. He was a judge pro tem of the Municipal Court in Seattle from 1948 to 1952. He was a lecturer at the University of Washington School of Law from 1952 to 1974. He was a judge of the King County Superior Court in King County from 1954 to 1966. He was a lecturer at the University of Washington School of Communications from 1965 to 1966. He was a vice president and senior trust officer for the Pacific National Bank of Seattle fr ...
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Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was the swing vote on many of the Roberts Court's 5–4 decisions. Born in Sacramento, California, Kennedy took over his father's legal practice in Sacramento after graduating from Harvard Law School. In 1975, President Gerald Ford appointed Kennedy to the United States Court of Appeals for the Ninth Circuit. In November 1987, after two failed attempts at nominating a successor to Associate Justice Lewis F. Powell Jr., President Reagan nominated Kennedy to the Supreme Court. Kennedy won unanimous confirmation from the United States Senate in February 1988. Following the death of Antonin Scalia in February 2016, Kennedy becam ...
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Federal Reporter
The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by West Publishing into a separate reporter, ''Federal Cases''. The fourth and current ''Federal Reporter'' series publishes decisions of the United States courts of appeals and the United States Court of Federal Claims; prior series had varying scopes that covered decisions of other federal courts as well. Though the ''Federal Reporter'' is an unofficial reporter and West is a private company that does not have a legal monopoly over the court opinions it publishes, it has so dominated the industry in the United States that legal professionals, including judges, uniformly cite to the ''Federal Reporter'' for included decisions. Approximately 30 new volumes are published each year. Distinctions The ''Federal Reporter'' has always published de ...
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9th Circuit Court Of Appeals
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabili ...
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Mental Health Professional
A mental health professional is a health care practitioner or social and human services provider who offers services for the purpose of improving an individual's mental health or to treat mental disorders. This broad category was developed as a name for community personnel who worked in the new community mental health agencies begun in the 1970s to assist individuals moving from state hospitals, to prevent admissions, and to provide support in homes, jobs, education, and community. These individuals (i.e., state office personnel, private sector personnel, and non-profit, now voluntary sector personnel) were the forefront brigade to develop the community programs, which today may be referred to by names such as supported housing, psychiatric rehabilitation, supported or transitional employment, sheltered workshops, supported education, daily living skills, affirmative industries, dual diagnosis treatment, individual and family psychoeducation, adult day care, foster care, family s ...
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Duty To Predict Dangerousness
A duty to warn is a concept that arises in the law of torts in a number of circumstances, indicating that a party will be held liable for injuries caused to another, where the party had the opportunity to warn the other of a hazard and failed to do so. History Two landmark legal cases established therapists' legal obligations to breach confidentiality if they believe a client poses a risk to himself or others. The first one was ''Tarasoff v. Regents of the University of California'' where a therapist failed to inform a young woman and her parents of specific death threats made by a client. The other case was ''Jablonski by Pahls v. United States'' which further extended the responsibilities of duty to warn by including the review of previous records that might include a history of violent behavior. Product liability The duty to warn arises in product liability cases, as manufacturers can be held liable for injuries caused by their products if the product causes an injury to ...
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Duty To Protect
In medical law and medical ethics, the duty to protect is the responsibility of a mental health professional to protect patients and others from foreseeable harm. If a client makes statements that suggest suicidal or homicidal ideation, the clinician has the responsibility to take steps to warn potential victims, and if necessary, initiate involuntary commitment. The majority of people have, at some stage, had thoughts about killing someone. United States The duty to protect was established by '' Tarasoff v. Regents of the University of California'', which has been widely adopted by other states. This case determined that the clinician has the duty to warn an identifiable victim. '' Ewing v. Goldstein'' extended the duty to protect to include acting upon the statements of third parties that indicate possible threat, and determined that it was not sufficiently discharged by initiating involuntary commitment; warning identifiable victims is also necessary. United Kingdom Se ...
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Involuntary Commitment
Involuntary commitment, civil commitment, or involuntary hospitalization/hospitalisation is a legal process through which an individual who is deemed by a qualified agent to have symptoms of severe mental disorder is detained in a psychiatric hospital (inpatient) where they can be treated involuntarily. This treatment may involve the administration of psychoactive drugs, including involuntary administration. In many jurisdictions, people diagnosed with mental health disorders can also be forced to undergo treatment while in the community; this is sometimes referred to as outpatient commitment and shares legal processes with commitment. Criteria for civil commitment are established by laws which vary between nations. Commitment proceedings often follow a period of emergency hospitalization, during which an individual with acute psychiatric symptoms is confined for a relatively short duration (e.g. 72 hours) in a treatment facility for evaluation and stabilization by mental health ...
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Loma Linda Veterans Affairs Medical Center
Loma may refer to: Geography United States * Loma, Colorado * Loma, Montana * Loma, Nebraska * Loma, North Dakota Other countries * Loma, Ladakh, a town in Ladakh, India * Loma (woreda), a district in Southern Nations, Nationalities, and Peoples' Region, Ethiopia * Loma (Jandaha), a village in Vaishali, Bihar, India * Loma Mountains, a mountain range in Sierra Leone Anthropology * Loma people, of Guinea and Liberia * Loma language, spoken by the Loma People * Vasiliy Lomachenko (born 1988), Ukrainian professional boxer Other uses * ''Loma'' (microsporidian), a genus of microsporidians * Loma Records, a 1960s subsidiary of Warner Bros. Records * Letter of Map Amendment (LOMA), a document issued by the National Flood Insurance Program * Life Office Management Association (LOMA), an insurance trade association * Vasyl Lomachenko (born 1988), Ukrainian professional boxer * Loma Lookboonmee See also *Lota (name) Lota is a Portuguese feminine given name that is a diminuti ...
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Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ...
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Tarasoff V
Tarasov (russian: Тарасов), Tarasoff (masculine), or Tarasova (feminine) is a popular Russian surname that is derived from the male given name Taras and literally means ''Taras' or belonging to Taras''. It may refer to: People * Alexander Tarasov, Russian left-wing sociologist * Alla Tarasova, Russian theater actress * Anatoly Tarasov, ice hockey coach * Boris Tarasov, Russian military officer * Denis Tarasov, Russian Paralympic swimmer * Dmitri Tarasov (footballer), Russian footballer * Dmitri Tarasov (ice hockey), Russia ice hockey player * Evgenia Tarasova, Russian figure skater * Maksim Tarasov, pole vaulter * Sergei Tarasov (biathlete), Russian biathlete * Sofia Tarasova, Ukrainian singer * Tatiana Tarasova, Russian figure skating coach * Vladimir Tarasov, Russian director and animator Places * Tarasov, Rostov Oblast, a village in Orlovsky District, Rostov Oblast, Russia * Tarasov, Volgograd Oblast, a village in Ostrovskoye Rural Settlement, Danilovsky Distric ...
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