Claims
Robert W. Van Kirk alleges Houston Police Department Officer M. Hernandez used Van Kirk's disclosed ADHD and depression diagnoses as the sole basis for an emergency detention order on August 26, 2024, causing an 11-day involuntary psychiatric detention without evidence that Van Kirk posed a danger to himself or others. The complaint also alleges fabricated statements about consent to hospitalization and additional constitutional violations by hospital personnel. Claims include unreasonable seizure, Franks-type fabrication allegations, retaliatory seizure, due process violations, ADA Title II claims, and Monell claims against the City of Houston and Harris Health.