A woman from Allegheny County is suing several entities, including a medical center and county officials, for allegedly violating her civil rights during an involuntary mental health treatment process. Susan Kerr filed the complaint in the United States District Court for the Western District of Pennsylvania on June 4, 2024, against Allegheny County, Jacob Porter, University of Pittsburgh Medical Center (UPMC), Western Psychiatric Institute and Clinic, and an unnamed John/Jane Doe.
According to the complaint, Kerr's ordeal began on August 27, 2023, when her wife initiated an Application for Involuntary Emergency Examination and Treatment under Section 302 of the Mental Health Procedures Act (MHPA). Kerr's wife allegedly made false statements in the application that led Jacob Porter, a caseworker for Allegheny County, to issue a warrant for Kerr’s emergency involuntary mental health treatment. The lawsuit claims that Porter acted with reckless disregard for Kerr’s constitutional rights by failing to verify the accuracy of the application or ensure her property was secured as required by law.
Kerr was forcibly removed from her home by law enforcement officers and taken to Western Psychiatric Institute and Clinic for evaluation. Upon arrival at the facility operated by UPMC, she alleges that hospital staff failed to inform her of her rights or secure her personal property. Her wife subsequently changed the locks on their home, leaving Kerr unable to access her belongings or pets. The hospital eventually determined that Kerr did not require emergency mental health treatment and discharged her later that day. However, she was left homeless and without access to her property until March 10, 2024.
The complaint further asserts that Allegheny County had prior knowledge of deficiencies in their handling of involuntary mental health procedures but failed to address them. A report published in 2014 by County Controller Chelsea Wagner highlighted issues with documentation related to Section 302 processes. Despite this awareness, Kerr argues that no corrective measures were taken, resulting in a violation of her rights.
Kerr is seeking compensatory damages for emotional distress, economic losses, and other injuries she sustained due to what she describes as willful misconduct and gross negligence by all defendants involved. She also requests punitive damages against specific individuals like Jacob Porter and John/Jane Doe for their roles in violating her Fourteenth Amendment rights under color of state law.
Representing Susan Kerr are attorneys Joel S. Sansone, Massimo A. Terzigni, and Elizabeth A. Tuttle from the Law Offices of Joel Sansone. The case has been assigned Civil Action No. 2:24-cv-805-KT in front of Judge KT.