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CLARK v. MAINE MEDICAL CENTER6/1/1989
ion" depends upon the actual conduct at issue and its relationship to the performance of some legislatively imposed duty. Darling v. Augusta Mental Health Inst., 535 A.2d 421, 427 (Me. 1987).
We recently held that a psychiatrist employed by Maine Medical Center who conducted an examination for purposes of involuntary commitment pursuant to 34 M.R.S.A. § 2333 fell within the protection afforded by 14 M.R.S.A. § 8111(1)(C):
Even though Dr. Herst is not employed by a state mental
hospital, he is acting in an official capacity on behalf of the
State when performing the task of determining, for involuntary
commitment purposes, whether a `person is a mentally ill
individual and because of his illness, poses a likelihood of
serious harm.' He acts under the sole authority of the statute,
and his function is `central to effecting the State's important
responsibilities of protecting the public and treating the
mentally ill.'
Taylor v. Herst, 537 A.2d 1163, 1165 (Me. 1988) (quoting Darling v. Augusta Mental Health Inst., 535 A.2d at 428).
The case at hand presents a similar situation. Like Dr. Herst in Taylor, Dr. Prairie is employed by Maine Medical Center and not a state mental hospital. Also like Dr. Herst, Dr. Prairie acted in an official capacity on behalf of the State in examining David to determine whether he should be either involuntarily committed or voluntarily admitted to AMHI. Plaintiff seeks to distinguish Taylor on the grounds that Dr. Prairie did not examine David pursuant to any statute and thus was not exercising a discretionary function. It is clear from the record, however, that Sally and David went to MMC solely because AMHI procedures required it, and that the only diagnosis and treatment sought was admission to AMHI. See Darling v. Augusta Mental Health Inst., 535 A.2d at 427-28.
Because we find that the Defendants are immune pursuant to the Maine Tort Claims Act, we find it unnecessary to address the
The entry is:
Judgment affirmed.
All concurring.
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