American Samoa Government v. Tofiga
American Samoa Government v. Tofiga
Opinion of the Court
This is a petition by the Government for involuntary commitment of the respondent under A.S.C.A. § 13.1501 et seq. on the ground that he constitutes a danger to himself and others.
The Court heard testimony by the psychiatrist who has been treating the respondent. At the conclusion of this testimony the Court recessed so that respondent’s appointed counsel could confer with his client. At the end of the recess counsel for respondent informed the Court that his client desires to accede to the petition for commitment, and that counsel agrees that such commitment would be in respondent’s best interest provided that respondent is immediately provided with appropriate treatment.
Accordingly, we conclude that the petition for commitment should be granted.
We further conclude that the Government, having taken the respondent into its custody and sought his commitment, has an obligation to provide adequate treatment for his condition, and that facilities for such treatment are not presently available in American Samoa.
It is therefore essential that respondent be immediately referred for off-island treatment in accordance with the Government’s usual procedure for such referrals. The Government’s tentative refusal to refer respondent for treatment, based on the relatively short duration of his most recent presence on island, must therefore be reversed. In the present case respondent has a right to treatment not because of his residential status but because of the Government’s decision to take him into its custody and to confine him pending recovery or remission.
We therefore order that the respondent be referred immediately for off-island medical treatment. Assuming that such treatment will be in Hawaii, he should be transported there on the next available flight, provided that a medical escort and Officer Loi are available fo accompany him and provided further that it can be arranged for respondent to be met at the Honolulu airport and cared for in a manner which in the opinion of the treating psychiatrist is appropriate to his condition.
This order is without prejudice to the right of the Government to seek compensation from, or to transfer respondent into the care of, the Veterans Administration or other agencies which may have a pre-existing obligation to care for the respondent. Efforts to seek such compensation
The Government is further directed to arrange for the immediate diagnosis and treatment of respondent’s non-psychiatric medical condition.
It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.