No. 23-1209 ___________________________

Catherine Brennan

Plaintiff - Appellant

v.

Cass County Health, Human and Veteran Services; Marsha McMillen, in her official capacity; Essentia Health St. Joseph’s Medical Center; Essentia Health; PSJ Acquisition, LLC, doing business as Prairie St. John’s Hospital

Defendants - Appellees ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: December 12, 2023 Filed: February 26, 2024 ____________ Before ERICKSON, MELLOY, and STRAS, Circuit Judges. ____________ ERICKSON, Circuit Judge.

Catherine Brennan commenced this action under 42 U.S.C. § 1983, alleging federal and state claims arising out of Minnesota civil commitment proceedings. More specifically, Brennan alleged she was wrongfully committed and unlawfully forcibly medicated because the defendants failed to recognize she was experiencing side effects from psychotropic medications, which were mistaken for psychosis and mania. Brennan appeals the district court’s 1 dismissal of her claims. We affirm. I. BACKGROUND

In 2014, Brennan took a new job and almost immediately had regrets about the job change. At an appointment for an allergy shot, Brennan told a nurse practitioner about the stressful job transition. The nurse practitioner prescribed Ambien, Prozac, and Ativan. After taking these medications, Brennan asserts she began experiencing symptoms of akathisia.2 In her amended complaint, Brennan alleged that before this time she had no history of mental illness and had never taken psychotropic medications.

From September 2015 through January 2018, Brennan was treated by multiple providers and hospitalized several times. She was diagnosed with bipolar disorder, depression, and generalized anxiety disorder. During this timeframe, her medical records document four suicide attempts, resulting in Brennan twice being committed as mentally ill. Brennan’s second civil commitment ended on January 24, 2018.

On August 17, 2019, Brennan displayed signs that her mental health was decompensating. She called 911 three times in one evening, reporting that she was being threatened by her husband. After the third report, officers arrested Brennan for making a false 911 report. Two days later, officers received reports that Brennan was making comments that raised concerns in the City of Pequot Lakes. Several days later, Brennan’s brother unsuccessfully sought to have Brennan committed.

1 The Honorable Eric C. Tostrud, United States District Judge for the District of Minnesota. 2 Akathisia is a neuropsychiatric syndrome associated with psychomotor restlessness. It is a movement disorder that may be associated with the use of antipsychotic medications. An individual with akathisia may experience an intense sensation of unease or an inner restlessness usually involving the lower extremities. https://www.ncbi.nlm.nih.gov/books/NBK519543/ (last visited January 9, 2024). -2- The following day, on August 24, 2019, Brennan’s husband called 911 requesting assistance because Brennan had been making suicidal comments all night. Based on their observations and interactions with Brennan, responding officers believed Brennan should be taken to the hospital for an evaluation. When Brennan refused to get into the ambulance, she was transported by a deputy to the emergency room at St. Joseph’s Medical Center. The evaluating doctor noted that Brennan was acting “extremely tangential,