In 2010, pursuant to state law, Terry's father petitioned the court and had (the then 16-year old) Terry committed to a secure mental institution. Terry's father reported that Terry was delusional and often made statements alluding to violent fantasies. At that time, the court agreed with Terry's father that Terry posed a danger to himself and others, and as a result, ordered that Terry be committed to a secure mental institution until such time as a psychologist employed by the institution determined that Terry no longer posed any such danger(s). The state law leaves it to the discretion of the mental institution to determine whether a patient's improved mental state warrants petitioning the court for the patient's release.

In 2019, Terry sued the state, arguing that he was been denied his right to procedural due process.

Please, state who will prevail and why. Discuss the applicable law and relevant facts and any additional facts not provided that you believe would assist in your analysis.

Answer rating: 100% (QA)

Terry will likely prevail in his procedural due process claim against the state The Due Process Clau... View the full answer