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COA reverses contempt finding, but upholds sanctions

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A nurse who made false allegations leading to the detention of a co-worker for mental health reasons will have to pay as ordered toward the woman’s attorney fees even though the Indiana Court of Appeals reversed an indirect civil contempt finding.

In In the Matter of Mental Health Actions for A.S.; Sara Townsend, 10A01-1211-MH-501, Sara Townsend appealed the indirect civil contempt finding imposed by Clark Circuit Judge Daniel Moore for lying on an application for emergency detention at a hospital regarding co-worker A.S. Townsend alleged A.S. said she was having marital problems and wanted to “end it all.”

A.S. was detained based on a signed statement from a physician who did not evaluate her. But when learning of her detention, several people brought to the attention of the judge that they did not believe A.S. should be kept in emergency detention. She was released. After an independent investigation, the trial court held a hearing and found Townsend to be in indirect civil contempt for willfully making false statements to the court through the emergency detention application. The court ordered Townsend to pay A.S.’s uninsured hospital bills resulting from the detention; $500 to the hospital; and $1,000 toward whatever attorney fees A.S. incurred as a result of the contempt hearing.

The Court of Appeals reversed the contempt finding, concluding “that a finding of civil contempt under I.C. § 34-47-3-1 must be premised upon an action that disobeys or in some other way impedes or is inconsistent with an existing court order or action. The detention warrant did not exist at the time Townsend completed the Application. In the absence of a court order or directive, there can be no disobedience thereof, which is the gravamen of a civil-contempt finding.”

This matter should have been pursued as an action for criminal contempt, Judge Ezra Friedlander pointed out. It’s up to the state on remand whether it wants to pursue a charge of direct criminal contempt.

The COA also upheld the order to reimburse A.S. and the hospital because such was a legitimate exercise of the court’s inherent power to impose sanctions.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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