ILNews

Court declines to review commitment cases differently

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The Indiana Court of Appeals declined Thursday to change how it reviews cases dealing with involuntary commitment.

In The matter of the commitment of S.T. v. Community Hospital North, In-Patient Psychiatric Unit, No. 49A04-0910-CV-617, 23-year-old S.T., an Operation Iraqi Freedom veteran who uses a wheelchair, appealed her temporary involuntary commitment. Although the ordered up-to-90-day commitment has already passed, the appellate court addressed her appeal anyway.

S.T. tried to kill herself by overdosing on Tylenol. S.T suffered from post-traumatic stress disorder, a non-specific mood disorder, and attention deficit disorder. She also engaged in behavior associated with pica, an eating disorder in which people eat non-food items.

When staff tried to remove earrings from S.T.’s digestive tract, she ripped out her IVs and the procedure had to be stopped. She also was verbally abusive and threatening to staff members. After this, the trial court ordered the involuntary commitment.

The appellate court spent the majority of the opinion explaining why it would not reconsider the standard in which it reviews involuntary commitments, as S.T. urged.

S.T. argued for a de novo review, but the cases she cited don’t allow for the appellate court to usurp the trial court’s authority to weigh evidence and resolve factual disputes, or for the Court of Appeals to review sufficiency of evidence with no deference to the trial court, wrote Judge Melissa May.

“The determination of dangerousness under the involuntary commitment statute has always been a question of fact for the trial court to decide,” she wrote. “S.T. has not directed us to uncontroverted facts in the record that would change that determination into a question of law that we could review de novo.”

The appellate court also rejected the argument that a new standard should be adopted because the well-established one wasn’t being applied consistently. A review of 67 decisions over the last 25 years showed the opposite, noted the judge.

After explaining the standard in more detail, the appellate court affirmed S.T.’s commitment. Based on testimony from S.T. and the hospital, the court found three facts indicating she was a danger to herself: her behavior toward hospital staff due to her mental illness, her continued attitude of “hopelessness” about obtaining medication through Veterans Affairs, and the possibility of escalated risk of danger to herself as a result of pica.

Combining that with the fact she originally was admitted because of an overdose, she exhibited destructive and angry behavior while there and it was exacerbated by a nonspecific disorder and her PTSD, there was sufficient evidence to support her involuntary commitment for up to 90 days.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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