Psych lied on commitment papers: false arrest?

[bcubed]

What is the name of your state (only U.S. law)? Pennsylvania.

Recently I fought and beat a commitment motion (known as a "303") in front of a magistrate. Prior to that, I had been held for 5 days on a "302" commitment. The reason I was released is that all the "crazy stuff" happened more than the statutory 30 days ago.

Recently, I obtained my medical records, in an effort to have the "302" expunged on the same grounds as the "303." In the course of examination, I found out the Psychaitrist LIED on the application! Specifically, where the instructions state:

Describe in detail the specific behavior within the last 30 days which supports your belief (include location, date and time wherever possible, and state who observed the behavior):

[emphasis added].

The pyshciatrist listed only actions that happened years ago...and on top of that, made no effort to clarify such actions were WELL outside of statutory limitations. On the basis of that, I was committed.

Considering the intelligent MD knew (or reasonably should have known) his comments WOULD be construed as happening < 30 days ago, does my 5-day commitment here constitute "false arrest?" (Using the definition of arrest as "stopping one's free movement.")What is the name of your state (only U.S. law)?

[lealea1005]

Originally Posted by bcubed

What is the name of your state (only U.S. law)? Pennsylvania.

Recently I fought and beat a commitment motion (known as a "303") in front of a magistrate. Prior to that, I had been held for 5 days on a "302" commitment. The reason I was released is that all the "crazy stuff" happened more than the statutory 30 days ago.

Recently, I obtained my medical records, in an effort to have the "302" expunged on the same grounds as the "303." In the course of examination, I found out the Psychaitrist LIED on the application! Specifically, where the instructions state:
[emphasis added].

The pyshciatrist listed only actions that happened years ago...and on top of that, made no effort to clarify such actions were WELL outside of statutory limitations. On the basis of that, I was committed.

Considering the intelligent MD knew (or reasonably should have known) his comments WOULD be construed as happening < 30 days ago, does my 5-day commitment here constitute "false arrest?" (Using the definition of arrest as "stopping one's free movement.")What is the name of your state (only U.S. law)?

Wasn't this all addressed previously?

[url]http://forum.freeadvice.com/medical-health-care-malpractice-72/involuntary-comittment-psych-ward-valid-physical-complaint-hypoxemia-455685.html[/url]

[bcubed]

Pretty sure that only dealt with malpractice (and possibly ADA violation). This is false arrest, an alleged criminal offense that only became apparent after the medical record were in my grubby lil hands.

And, as an alleged criminal offense, I have dutifully filed it in the appropriate sub-forum, as to be a good forum member.

[BL]

Originally Posted by bcubed

What is the name of your state (only U.S. law)? Pennsylvania.

Recently I fought and beat a commitment motion (known as a "303") in front of a magistrate. Prior to that, I had been held for 5 days on a "302" commitment. The reason I was released is that all the "crazy stuff" happened more than the statutory 30 days ago.

Recently, I obtained my medical records, in an effort to have the "302" expunged on the same grounds as the "303." In the course of examination, I found out the Psychaitrist LIED on the application! Specifically, where the instructions state:
[emphasis added].

The pyshciatrist listed only actions that happened years ago...and on top of that, made no effort to clarify such actions were WELL outside of statutory limitations. On the basis of that, I was committed.

Considering the intelligent MD knew (or reasonably should have known) his comments WOULD be construed as happening < 30 days ago, does my 5-day commitment here constitute "false arrest?" (Using the definition of arrest as "stopping one's free movement.")What is the name of your state (only U.S. law)?

MD's do not make an arrest .

[bcubed]

MD's do not make an arrest .

No, in this case it was a county official who signed the papers to "restrain my free movement through force or threat of force."

She made her decision to do so, however, on the basis of info provided by my psych, which was false (and, assuming a reasonably intelligent MD), knowingly false.

[You Are Guilty]

Originally Posted by bcubed

No, in this case it was a county official who signed the papers to "restrain my free movement through force or threat of force."

She made her decision to do so, however, on the basis of info provided by my psych, which was false (and, assuming a reasonably intelligent MD), knowingly false.

To the extent its a tort, it would be libel, not false arrest.

[bcubed]

Thanks for your help, you are guilty.

Finally, just to verify: since moving for expungment is basically a fancy way of saying "pretty please," and not a charge against anyone, I can pursue this opition without risking any "double jeopardy" issues when I move against my psych?

[CdwJava]

You DO have an attorney to help in your suit against the doctor, right?

- Carl

[dbernat32]

I think you are missing something.

Commitments involve CIVIL not criminal law. You were not arrested.
Arrest warrants (what was NOT issued) and custody warrants (what was issued) are two very different things.

The proceedings of civil commitment hearings are NEVER public record.
Why you would want to go through the trouble of getting the record expunged I do not know. (As an aside, since at the full hearing you were NOT committed, your firearm rights are not affected. That is the only thing I can think of to go for expungement.)

Now if the doctor perjured himself before the magistrate, you can sue for wrongful imprisonment. That being said if all you suffered was 5 days in a locked psych ward, you don't have much in the way of actual damages. It would be the hope for punitive damages. If say you lost employment, then actual damages increase.

Go speak with a lawyer.

[lealea1005]

See a lawyer, as the others already suggested. S/he will obtain your medical records and have them reviewed by an expert.

IMHO, you were 302'd because you presented at an ER with hallucinations and, it could be argued that there was fear you would harm yourself or some one else. You also have documentation of what may be considered self mutilation (going out of the country to get a trach, AMA), and non-compliance (not filling the Rx....even if it was within 48hours of receiving it).

One cannot remove medical documentation from their medical record. You can write an addendum, stressing that you are objecting to said documentation, and ask that it be included as a permanent part of your medical record.

[bcubed]

In response:

dbernat32, a "302" commitment can and does prevent one from lawfully acquiring firearms--first-hand experience. In addition, it would negatively affect me getting my aviation medical unless expunged. Also, my understanding is that anytime one's freedom to come and go is restrained through force, or threat of force, it's an "arrest" of a sort.

lealea105, one of the main reasons I'm going through with the expungement is that the magistrate vigorously rejected the psych's argument, which closely parallels your argument: the trach was >> 30 days ago, and thus moot, and the act of maintaining a trach does not rise to the level of a commitable action.

Further, "hallucinations" do not rise to the level of commitable in PA. Per the PA code, one must pose "clear and present danger," defined thusly:

(2) Clear and present danger to himself shall be shown by establishing that within the past 30 days:
(i) the person has acted in such manner as to evidence that he would be unable, without care, supervision and the continued assistance of others, to satisfy his need for nourishment, personal or medical care, shelter, or self-protection and safety, and that there is a reasonable probability that death, serious bodily injury or serious physical debilitation would ensue within 30 days unless adequate treatment were afforded under this act; or
(ii) the person has attempted suicide and that there is the reasonable probability of suicide unless adequate treatment is afforded under this act. For the purposes of this subsection, a clear and present danger may be demonstrated by the proof that the person has made threats to commit suicide and has committed acts which are in furtherance of the threat to commit suicide; or
(iii) the person has substantially mutilated himself or attempted to mutilate himself substantially and that there is the reasonable probability of mutilation unless adequate treatment is afforded under this act. For the purposes of this subsection, a clear and present danger shall be established by proof that the person has made threats to commit mutilation and has committed acts which are in furtherance of the threat to commit mutilation.

The only exemption from the 30-day requirement is for those found not guilty via insanity. And, as can be clearly seen, it is actions that are commitable; I could see pink elephants 'round every corner and not be commitable...at least in PA.

Yes, I agree I'll speak to a lawyer prior to any actions against my psych MD.

(Oh, and just to make clear, I make this response, not to "show-up" anyone, but to increase the volume of legal data available on this website.)

[dbernat32]

I should have clarified that my firearm comment concerned federal law only. I cannot speak to PA firearm law.

Under federal law with the new 2007 amendments, an involuntary commitment is only supposed to go on NICS when it is a final order after a proper hearing where both sides are represented, can be heard, present evidence, and there exists right of appeal. A one-sided submission of an affidavit does not meet those requirements.
This was not clear previously and the circuit courts ruled in drastically different ways on what constituted an involuntary commitment for the purposes of the GCA/NFA.

Now the PA courts may be gung-ho about inappropriately submitting names to NICS and then less than so about removing them when they should. I cannot speak to that. Though if that is true, you will probably find that expungement doesn't magically get the court to remove your name either.

I had not considered being denied your wings. However, it is more likely that your medical record with be used to deny your ticket rather than the existence of a civil process. In which case, you would you use the argument that the problems occured some time ago. You have been without incident for "x" amount of time and have been so without taking any medication prohibited by the level of certificate you seek. There are plenty of other forums for pilots where you can ask for advice on that topic.