Zinermon v. Burch

Darrell Burch (plaintiff), found wandering and disoriented, was admitted to a Florida mental-health facility and then to Florida State Hospital, where he signed forms consenting to voluntary admission and treatment even though staff notes described him as extremely psychotic, paranoid, and hallucinating. Hospital policy allowed voluntary admission only on informed consent and prescribed more extensive procedures for those unable to consent, but no hearing was held during Burch's five months there. Burch sued Dr. Zinermon and other hospital staff (defendants) under section 1983, alleging he was deprived of liberty without due process by being admitted as a voluntary patient while incompetent. The district court dismissed; the court of appeals reversed; the Supreme Court granted review.

Whether a due-process claim under section 1983 may be brought against state officials for failing to provide an adequate predeprivation remedy, even though the state itself cannot be held liable for the unforeseeable negligent or intentional conduct of its officials.