In the Matter of the Commitment of M.E. v. Department of Veterans Affairs
2016 Ind. App. LEXIS 422
| Ind. Ct. App. | 2016Background
- M.E., an Army veteran with a long-standing diagnosis of paranoid schizophrenia, was taken to the VA hospital by police on March 31, 2016, and placed on emergency detention.
- The VA filed a Petition for Regular Commitment (with a Physician’s Statement) on April 6, 2016, but did not formally serve M.E. or his attorney with those court filings; counsel learned of the matter only after the VA’s attorney telephoned him and later faxed the documents.
- While involuntarily detained, M.E. signed a written Waiver of Right to be Present at the commitment hearing on April 7, 2016.
- A hearing was continued to April 20, 2016; Dr. Masood Khan (VA psychiatrist) testified about M.E.’s history of noncompliance, loud/threatening behavior, and prior improvement on medication; M.E. testified he lives independently, pays rent, eats and dresses himself, and was unaware of why he had been hospitalized.
- The trial court entered an Order of Regular Commitment on April 25, 2016, finding M.E. mentally ill, dangerous, and gravely disabled, and authorized forcible medication; M.E. appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service of pleadings: whether VA was required to serve M.E. / counsel with commitment filings | M.E.: VA failed to serve the petition/physician’s statement and other pleadings as required, denying adequate notice | VA: actual notice existed because M.E. appeared with counsel; prior case Cheek supports that appearance may demonstrate notice | Court: Reversed Cheek; formal service and proof of service are required; VA’s failure to properly serve violated Trial Rule 5 and due process |
| Validity of waiver signed while involuntarily detained | M.E.: Waiver invalid because an involuntarily detained person alleged to be mentally ill cannot competently waive rights | VA: Written, express waiver and M.E.’s experience with the system show he understood and voluntarily signed | Court: Waiver invalid as a matter of law when executed by an involuntarily detained person alleged to be mentally ill; such waivers cannot be presumed competent |
| Sufficiency of evidence for involuntary commitment (dangerousness / grave disability) | M.E.: VA failed to prove by clear and convincing evidence that he was dangerous or gravely disabled at the time of the hearing | VA: Relied on history of noncompliance, loud/threatening behavior, prior admissions, and symptom exacerbation without medication | Court: Evidence insufficient — statements and loud behavior did not show substantial risk of harm; no proof M.E. could not provide food, shelter, clothing or that he could not function independently; commitment order vacated |
Key Cases Cited
- Cheek v. State, 567 N.E.2d 1192 (Ind. Ct. App. 1991) (previously held appearance with counsel could demonstrate notice)
- Glennar Mercury-Lincoln, Inc. v. Riley, 338 N.E.2d 670 (Ind. Ct. App. 1975) (service must be reasonably calculated to inform)
- Thomison v. IK Indy, Inc., 658 N.E.2d 1052 (Ind. Ct. App. 1996) (service effective where party conceded receipt at residence)
- Civil Commitment of T.K. v. Dep’t of Veterans Affairs, 27 N.E.3d 271 (Ind. 2015) (clear-and-convincing standard and limits on commitment based solely on refusal to medicate)
- Commitment of J.B. v. Midtown Mental Health Ctr., 581 N.E.2d 448 (Ind. Ct. App. 1991) (caution against committing for risky but voluntary conduct; evidence must show substantial risk)