Q.

From time to time our CSU calls the local police department for the purpose of assistance in controlling patients. We received a letter from the police department stating that they will no longer respond to calls for the purposes of assisting in controlling the behaviors of our clients. They will respond to criminal complaints at our facility. The letter states that a mental health patient that is merely acting out at our facility presents a mental health problem that the police department and criminal justice system are ill equipped to deal with. Their justification appears to be that these people are insane and if arrested they cannot handle them and the state attorney will not prosecute.  We do call the police when someone is so physically out of control that our staff is unable to restrain them - the last instance was a client that broke the restraints. Can the police legally not respond when they are called?
 

A.

In Florida, the law is generally that the police as governmental officials responsible for the enforcement of laws and the protection of public safety usually owe no duty of care to an individual member of the general public. The police have discretion as to how they will enforce the laws. For example, Florida courts have ruled that the police had no duty of care to a taxi driver who was murdered by an individual for whom the police had requested taxi service. Similarly, the courts have ruled that the police had no duty of care to a woman murdered by a former boyfriend despite the fact that the woman had made many requests for protection.

According to the letter from your police department, the local prosecutor takes the position that no criminal charges will be filed against your patients for such alleged crimes as battery on a law enforcement officer. The chief of police asserts that, "the mental health patient that is merely acting out at your facility presents a mental health problem that the police department and criminal justice system are ill equipped to deal with." However the chief does say that the department will respond if you have a criminal complaint. He refuses to respond for, "the purposes of assisting in controlling the behaviors of your clients."

Under the circumstances, it is probable that the Florida courts would rule that the police do not owe a duty of care to individual patients or staff and that they have the discretion to refuse requests for assistance in "controlling behavior."  

I suggest, however, that you continue to call the police for assistance when you believe it is necessary. You can inform the police of all the circumstances and they will respond or not respond. By informing the police you have done what you could do.  

Of course, you have a duty to provide appropriate training in aggression control for your staff. Therefore under the circumstances, I suggest that you increase the training and practice opportunities for your staff in aggression control techniques, both verbal de-escalation and physical control.