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Lost Wages and Emotional Distress Damages Sought from Involuntary Commitment

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johnmccutchen

Guest
Last October, I was involuntarily committed by my high school. Seventeen at the time, neither of my parents or my legal guardian were contacted prior to the initiation of involuntary commitment. My primary psychiatric care provider was also not contacted.

Missouri state law holds that the petitioners for an involuntary commitment cannot be held liable if their statements were made in good faith. If I can show they failed to contact my parents, guardian, and psychiatrist, will this prove negligence (that they did not act as a normal person would in similar circumstances)?

Also, how would I go about showing negligence (ie, what is my burden of proof)?
 


K

krispenstpeter

Guest
We are not here to conduct law school online. You need to consult with a local attorney about the SPECIFICS of your case to get an informed opinion.
 
J

johnmccutchen

Guest
krispenstpeter said:
We are not here to conduct law school online. You need to consult with a local attorney about the SPECIFICS of your case to get an informed opinion.
I am not requesting a complete lecture on small claims civil suits. My questions are broad enough to warrant some type of explanation for a burden of proof in assigning negligence (ie definitions of "good faith" and "negligence" in the context of the information provided, possible strategies for presenting the small claims case, etc.). I fail to understand why I must consult a local attorney to determine how to GENERALLY detail negligence.
 
J

johnmccutchen

Guest
According to the narrative submitted by the school authority to the probate judge, I had made "suicidal statements". Beyond this generalization, no specific justification was provided. I was ordered to a state mental facility for a 96-hour detention/treatment.
 

BL

Senior Member
The Law allows for this,you have NO case.

In My State The authorities can arrest an individual under the Mental Hygiene Law.Once your initially evaluated a Dr. can have you held for observation.

Did you know it's illegal to Kill yourself ?
 
K

krispenstpeter

Guest
Did you know it's illegal to Kill yourself ?
It sure as hell is, but damn if the prosecutor hasn't had a problem getting the perps to show up for trial :D
 

JETX

Senior Member
"Missouri state law holds that the petitioners for an involuntary commitment cannot be held liable if their statements were made in good faith. If I can show they failed to contact my parents, guardian, and psychiatrist, will this prove negligence (that they did not act as a normal person would in similar circumstances)?"
*** Clearly, you are confusing 'good faith' with failure to contact..... and they are not the same thing. 'Good Faith" is an 'honest intent to act without taking an unfair advantage over another person or to fulfill a promise to act, even when some legal technicality is not fulfilled'. If you gave them sufficient reason to take the action they did, then that is NOT a violation of 'good faith'.

"Also, how would I go about showing negligence (ie, what is my burden of proof)?"
*** Negligence is a 'failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not'. You would have to PROVE that their conduct met that condition. In fact, from your post, it might have been negligence on their part if they had NOT taken the action they did.

As for your 'burden of proof', you would have to PROVE to a court or jury, by a preponderence of the evidence, that their conduct was negligent. At this point, you haven't convinced anyone of that.
 
M

mreman

Guest
Actually it is NOT illegal to kill yourself, only to ATTEMPT to kill yourself.
 
J

johnmccutchen

Guest
JETX said:
*** Clearly, you are confusing 'good faith' with failure to contact..... and they are not the same thing. 'Good Faith" is an 'honest intent to act without taking an unfair advantage over another person or to fulfill a promise to act, even when some legal technicality is not fulfilled'. If you gave them sufficient reason to take the action they did, then that is NOT a violation of 'good faith'.

"Also, how would I go about showing negligence (ie, what is my burden of proof)?"
*** Negligence is a 'failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not'. You would have to PROVE that their conduct met that condition. In fact, from your post, it might have been negligence on their part if they had NOT taken the action they did.

As for your 'burden of proof', you would have to PROVE to a court or jury, by a preponderence of the evidence, that their conduct was negligent. At this point, you haven't convinced anyone of that.
A reasonable or prudent agent of the school would not seek to contact the effected student's parents, guardian, or care provider when considering commitment, but prior to acting?

The narrative submitted was filled with conclusions the school authority made based upon a ten-minute conversation with me two days prior to the petition for commitment. During this conversation, I refused to discuss any 'personal matter' and did give the name and phone number of my psychiatrist; this was construed as "avoiding reality" and "refusing assistance" in the narrative. If a school official were so concerned about a student that they felt the need to commit the student, wouldn't they first consider contacting the student's parents, guardian, and espcially mental health specialist during the TWO DAYS they had to mull over their concerns?

As agents of the school, shouldn't the 'good faith' standard include an honest effort at transparency and dialogue with a minor student's parents/guardian on the actions the school was considering taking to deprive this student of free agency in a significant manner?
 

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