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Threats of violence sufficient to order involuntary commitment

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Although an Indianapolis man never harmed another individual, his persistent threats of violence were sufficient to support his involuntary commitment to a mental health facility.

The Indiana Court of Appeals affirmed the judgment of the trial court in In the Matter of the Commitment of T.K. v. Department of Veterans Affairs, 49A05-1303-MH-100. It concluded the evidence showed that without treatment, T.K. was a danger to others and upheld the order for regular commitment to ensure T.K. received the needed long-term treatment.

T.K. appealed the trial court’s order for involuntary commitment on the grounds the evidence was insufficient. He conceded he had made “colorful verbal threats” but there was no evidence that he “has ever followed through with any assaultive, violent or dangerous behavior.”

The Court of Appeals rejected his argument. It found his behavior - which included more than 25 threatening phone calls that T.K. made in one week to Adult and Child, Inc., and the agency staff’s consideration that he was hostile, actively psychotic and delusional – was sufficient for the trial court to find him dangerous.

Further, pointing to prior court decisions, the Court of Appeals stated Indiana precedent indicates that the trial court did not have to wait until T.K. acted upon his threats before finding him dangerous.

The Court of Appeals also upheld the finding that a “regular commitment” which is the most restrictive form of involuntary commitment, was warranted. In particular, it noted T.K.’s prior commitments and his need for inpatient treatment followed by outpatient assistance.  
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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