I want to sue for a wrongful Baker Act, can I?
Hello, everyone! Welcome to another edition of our video newsletter.
In this video, I want to talk to you about your right to sue a wrongful Baker Act. I get these calls probably two or three times every single day. It’s also where I get the most emotional responses from people I talk to.
Here’s how this works. For those individuals that have called me and don’t like what I have to say and accuse me of being all about the money, I’m sorry, but I am always going to tell you the truth. The truth is unless you were physically injured, with bruises, broken bones, sexual assault, things of that nature, while you’re in the facility, there is no right to sue for a wrongful Baker Act. I understand why you’d be frustrated, and I’ve shared this many times before. I’ve first-hand experience of how the Baker Act gets used and abused. If you call me and you’re telling me that you want money because of some physical damage or emotional trauma and you lost your job, there’s no claim for money.
Well, that doesn’t mean you can’t do anything. There are other things that you can do. File a complaint with the agency that licenses the particular facility. If you think the police did something wrong, you can file a complaint against the officer or officers who you believe should never have baker acted you in the first place. I know that’s probably not the answer that people want to hear, and I know that you’ve been held in a facility longer than 72 hours. I know you’ve probably been medicated or traumatized. However, there is no statutory right to file a claim for a wrongful baker act.
With that said, stay safe and be well.