City police confiscates man's 41 gun collection three years ago and man has to sue

[denton]

Is that a question, or a statement of happenings?

I think the department and the officers are in deep legal do-do.

They cuffed him, and took him to the hospital for evaluation. Police officers need a court order, arrest warrant, or very sound legal basis before doing that, or it's unlawful imprisonment. JMO, but I think they need something a lot more substantial than "he might be suicidal" to cuff and incarcerate him.

Once he was in custody, he could not harm himself, and there was no need for further immediate action by the department. I can just hear the plaintiff's attorney:

So, officer Jones, where did you get your degree in phsychiatry?

I don't have one.

You're not licensed to diagnose mental illness in this state?

No.

Then exactly how did you determine that the plaintiff was suicidal?

We received a tip that he might be.

And how did you evaluate that tip, once you got to Mr. Mora's home?

We're not qualified to do that. We just took him into custody, and siezed his belongings.

You took him to the hospital?

Yes.

Did any of the doctors at the hospital diagnose him as suicidal?

No.

To your knowledge, he was treated and released?

Yes.

With no diagnosis?

That is correct.

So by what legal right did you enter his home, remove his belongings, and continue to hold them?

If what we are being told is accurate, and pretty much the whole story, the judge will drop kick the department through the goal posts of of over-reach, and the mortgage on Mr. Mora's house will be paid off. Of course, all the facts remain to been seen.