Alaska Supreme Court
In the Matter of the Necessity for the Hospitalization of: Abigail B., In the Matter of the Necessity for the…
April 28, 2023528 P.3d 440
Summary
The Alaska Supreme Court held that the prolonged pre‑evaluation detentions of Abigail B. and Jethro S. violated substantive due process because the nature and duration of the detentions were not reasonably related to the sole purpose of immediate transportation to an evaluation facility, and therefore vacated the superior court orders authorizing those detentions. The Court also declined to adopt a presumptive seven‑day rule for pre‑evaluation detentions and refused to direct trial courts to impose specific contempt sanctions on the State for delayed evaluations.