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Appellate court upholds man's detainment

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The Indiana Court of Appeals rejected a man’s argument that he could not have been detained in the hospital for mental health reasons before an application for detention was filed, which occurred after facility security guards restrained him.

In Raymond Dale Berryhill v. Parkview Hospital, No. 02A04-1108-SC-400, Raymond Berryhill challenged the ruling in favor of Parkview Hospital granting the facility immunity in Berryhill’s suit for false imprisonment. Berryhill and his wife, Kay, had a fight in which Berryhill became violent. She called 911, but he refused to go to the hospital. Berryhill’s wife wanted him to be examined because his head hurt, and he had history of a stroke and brain surgery.

Eventually Berryhill went to the hospital, and while in the emergency room he became loud and aggressive. Berryhill’s physician ordered he be secured and sedated. Two Parkview security guards tried to calm him down, but Berryhill resisted and asked to go home. The guards escorted him to the secured room and put him in restraints. After this incident, Berryhill’s wife filed an application for him to be detained and examined.

Berryhill sued, arguing that the security guards’ actions constituted false imprisonment. The trial court ruled Parkview was immune from liability based on a statute that covers people who assist in detentions. On appeal, Berryhill claimed that the immunity statute doesn’t apply because he wasn’t detained for purposes of the statute until after his wife filed the application for detention.

“We cannot conclude that the legislature intended to leave healthcare facilities and their employees powerless to detain individuals who are mentally ill and either dangerous or gravely disabled before an application for detention is filed. As such, without deciding precisely when Berryhill was detained for purposes of Indiana Code Section 12-26-5-1, we conclude that the security guards “act[ed] according to” Indiana Code Article 12-26, which governs the voluntary and involuntary treatment of mentally ill individuals …,” wrote Judge Terry Crone.

There is no evidence the guards acted with malice, bad faith or negligence, so Parkview is entitled to immunity on the false imprisonment claim, the COA ruled.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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