LANDMARK COURT CASE Case Establishes Right of State to Quarantine A California man was diagnosed with pulmonary tubercul

[answerhappygod]

Landmark Court Case Case Establishes Right Of State To Quarantine A California Man Was Diagnosed With Pulmonary Tubercul 1 (60.12 KiB) Viewed 24 times

LANDMARK COURT CASE Case Establishes Right of State to Quarantine A California man was diagnosed with pulmonary tuberculosis, a reportable, communicable disease. A state health officer served the man with a quarantine order, and he was admitted to a hospital. The patient deserted the hospital 1 month later, but he still had tuberculosis. The man was subsequently arrested, tried, and convicted of violating the Health and Safety Code of California. He was sentenced to 180 days in jail, but the sentence was suspended, and he was placed on a 3-year probation. The health officer again served the man with an order of isolation, and he was returned to the hospital, this time to the security section. The county public health officer then served the man with successive orders of isolation for periods of 6 months each. The man asked for a writ of habeas corpus, claiming that the Health and Safety Code of California was unconstitutional and, therefore, the health officer had no legal authority to Issue consecutive certificates of quarantine and isolation. The court held that it is the duty of the state to protect the public from the danger of tuberculosis"; therefore, the Health and Safety Code of California was not unconstitutional. The court also held that "The health officer may make an isolation or quarantine order whenever he shall determine in a particular case that quarantine or isolation is necessary for the protection of the public health." The petition for a writ of habeas corpus was denied. a Source: in re Halko, 246. Cal. App. 20 553, 54 Cal. Rptr. 661 (Cal. App. Dist. 2, November 18, 1966).