PITTSBURGH - Allegheny County faces a federal lawsuit after a woman's wife changed the locks to their house when she was under mental health evaluation.
Susan Kerr filed a lawsuit June 4 in U.S. District Court for the Western District of Pennsylvania against Allegheny County, Jacob Porter, University of Pittsburgh Medical Center (UPMC), Western Psychiatric Institute and Clinic, and John/Jane Doe.
The case alleges violations of Kerr's civil rights under the Fourteenth Amendment and 42 U.S.C. § 1983. The complaint centers on an involuntary emergency mental health treatment initiated by Kerr's wife on August 27, 2023, which resulted in Kerr being removed from her home based on allegedly false statements.
Kerr claims that the defendants failed to follow proper procedures under Section 302 of the Mental Health Procedures Act (MHPA), leading to her wrongful detention and subsequent inability to access her home and personal property.
Kerr's wife changed the locks on their home, keeping her from accessing it and her property for 196 days, the suit says.
The lawsuit accuses the defendants of gross negligence and deliberate indifference to her constitutional rights. Kerr is seeking compensatory damages, punitive damages against specific defendants, attorney’s fees, and other relief deemed appropriate by the court.
The complaint also alleges a pattern of inadequate training and procedural compliance within Allegheny County regarding mental health emergencies. It further alleges discrimination under the Americans with Disabilities Act (ADA) due to Kerr's mental health conditions.
Joel Sansone represents the plaintiff.