Is an order to commit an individual to a mental health institution reviewable for clear error?
MultiRegion, United States of America
The following excerpt is from United States v. Aaron Amartei Commey, 10-3705 (2nd Cir. 2011):
Whether an individual is mentally ill or dangerous is a question of fact, reviewable for clear error. See United States v. Prescott, 920 F.2d 139, 146 (2d Cir. 1990); see also United States v. Stewart, 452 F.3d 266, 273 (3d Cir. 2006) (concluding that all the circuits that have considered the issue have held that orders of commitment are reviewable for clear error).
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