Burt had been diagnosed with FAS, mental retardation, conduct disorder, schizo-affective disorder, major depressive disorder with psychotic features, PTSD, impulse control disorder, bipolar affective disorder, and anti-social personality disorder. She had been hospitalized for psychiatric reasons at least 20 times, and was declared mentally incompetent at the age of 18. While being housed in an acute mental health unit, Burt became very agitated and began banging her head. When she was being restrained, she spit in a Sergeant's face, who then immediately and spontaneously hit her twice in the face with a closed fist. Burt suffered injuries and was awarded compensation under the State Tort Claims Act. The Department of Corrections appealed, and the Court of Appeals affirmed the judgment.