The Ninth Circuit Court of Appeal ruled that psychologist Dau Nguyen was not responsible for attacks by one of his patients against another.
Surie Alexander filed his case July 24, 2019. He said he was placed at Patton State Hospital after being declared mentally incompetent in the time leading up to a criminal trial.
On April 24, 2017, another patient struck Alexander multiple times on the left side of his face. On May 10, 2017, that patient struck Alexander again, on the right side of his face.
Alexander was transferred to a different unit May 17, 2017. On Jan. 3, 2018, he was found competent to stand trial. By March of 2018, Alexander had lost 90% of the vision in his right eye and 50% of the vision in his left eye.
He claimed that Nguyen, along with other employees of the hospital, were negligent in not removing them from the patient after the first attack. The appellate ruling said that Nguyen initially wanted to transfer Alexander, but decided not to after discussing with his staff. Alexander claimed this decision resulted in a violation of his 14th Amendment right to substantive due process.
The district court threw out the case against Nguyen after deciding that he was exempt from the suit by qualified immunity, and Alexander appealed.
The appellate panel decided on the merits that Alexander did not have a case against Nguyen. They ruled that Alexander offered no evidence that Nguyen failed to act reasonably, or that he was negligent.
“Nothing in the record would allow a reasonable jury to find that Dr. Nguyen unreasonably relied solely—or even principally— on Alexander’s stated preference when deciding not to transfer him after the first attack. Because the undisputed facts show that Dr. Nguyen acted reasonably in response to the April 29 incident, we find no violation of Alexander’s constitutional rights,” they ruled.
Case No. 5:19-cv-01359
Appellate Case No. 22-55588
Zulu Ali of his own office represented Alexander.
Deputy Attorney General Thomas McMahon represented Nguyen on appeal.
California Central District Judge Dale Fischer presides over the case.
Ninth Circuit Judge David Hamilton wrote the opinion, which Judges Milan Smith and Daniel Collins joined.
Read the ruling here.
