24 N.E.3d 969
Ind. Ct. App.2015Background
- BM placed a 911 call about a perceived risk to personal information; police transported him to IU Health Hospital for evaluation.
- Emergency detention was authorized and BM was admitted to the Hospital.
- Dr. Griffith and a social worker/physician concluded BM was psychotic, paranoid, and a potential threat, leading to an emergency detention report.
- Dr. Griffith and Dr. Kaladow petitioned/expressed the belief that BM had a psychiatric disorder and required continued care; Dr. Griffith recommended 90 days of commitment.
- A hearing occurred on April 8, 2014; BM was found to suffer from bipolar mania and to be dangerous to others; the court issued a 90-day involuntary commitment.
- BM appeals the commitment, arguing the Hospital failed to prove dangerousness by clear and convincing evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the hospital proved dangerousness by clear and convincing evidence | BM argues evidence does not show danger to others | Hospital contends multiple clinicians established danger posed by BM | Yes, the court affirmed the commitment on dangerousness grounds |
Key Cases Cited
- Commitment of M.M. v. Clarian Health Partners, 826 N.E.2d 90 (Ind. Ct. App. 2005) (dangerousness supported by substantial risk criteria)
- J.B. v. Midtown Mental Health Ctr., 581 N.E.2d 448 (Ind. Ct. App. 1991) (no constitutional basis to confine non-dangerous mentally ill)
- J.S. v. Center for Behavioral Health, 846 N.E.2d 1106 (Ind. Ct. App. 2006) (dangerousness not shown by vague 'lashing out')