Hawkins v. King County

602 P.2d 361 (1979)


P was booked for possession of marijuana. D was appointed as counsel for P.  D conferred with P for about 45 minutes, at which time P expressed the desire to be released from jail. D also talked with Palmer Smith, an attorney employed by D's mother to assist in having P either hospitalized or civilly committed. Smith warned D that P was mentally ill and dangerous. A Dr. Elwood Jones, a psychiatrist, also warned D that P was mentally ill and of danger to himself and others and should not be released from custody. D ignored the warnings. The judge released P on a personal surety bond. D did not volunteer any information regarding P's alleged illness or dangerousness. Smith, Jones, and P's mother were informed of the release. Eight days after his release, P assaulted his mother and attempted suicide by jumping off a bridge, causing injuries resulting in the amputation of both legs. P and his mother commenced an action for damages against King County, the State of Washington, Community Psychiatric Clinic, Inc., and one of its employees on August 16, 1976, and amended the suit on November 30, 1977, to name D a party defendant. D filed a motion to dismiss. The court granted the motion and Ps appealed.