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Basic Rights Violations

#1
So for anyone wondering, I live in Texas. I have a few questions about something that occurred a couple months ago during the fall school semester. My girlfriend was taking a writing class and submitted an essay talking about how she used to have suicidal tendencies in middle/early high school. In the paper she talked about hurting herself and attempting to jump off of high places to take her own life. Now, I am not sure she specified a date in the paper, which may be the only issue with this whole ordeal. Either way, after the paper was turned in, she was taken aside by the teacher and some campus police that had been called to the classroom, and questioned about the paper. She says she told them that it was written about things that occurred 8 years ago and that she was fine now, but apparently, the officers thought she was "mentally unstable" enough for an emergency commitment to A MENTAL HOSPITAL. Ya know, the place with actually mentally unstable people that is no place for a completely sane 18 year old, 5'5", 100lb girl... anyway, at this point she is calling and texting me telling me they're trying to take her away and lock her up against her will. She's freaking out and now I'm starting to get worried because it sounds serious. Once she arrives at the mental hospital, she talks to a psychiatrist who is supposed to do a "mental check" and see if she is "mentally sound". I arrive and we both start talking to this woman about how this is all a mistake and that she was committed over something that happened 8 YEARS AGO. The psychiatrist starts going on about how "she has been brought here buy a police officer and under emergency commitment law, she legally can't be released for 48 hours." We asked her to see what the officer wrote and the "evidence" that she was "mentally unstable" in any way. She refused. I told her this is a load of bullshit and that my girlfriend can't be held here against her will, and, quite honestly, started trying to think of ways we could break out of there as soon as she left us alone. Long story short, we didn't escape. She stays there for two days and has blood drawn from the top of her hand, they couldn't find a vein and had to stick her multiple times. Apparently, the nurses tell her some of the other patients are watching her and "jerking off" because of the clothes she came there in from school(blue jean shorts and a tank top). It's all a very traumatic experience for her and I just want to know who should be held accountable, and if possible, who should be sued for not doing their job correctly, causing me and her both days of problems, missed work, and missed classes, not to mention the mental trauma inflicted upon her by being held against her will with people who are actually crazy. Please give some advice, because it happened months ago and I don't even know if anything can be done about it at this point...
 


Taxing Matters

Overtaxed Member
#2
There isn't anything for which you can sue. She might have a legal claim to bring against someone, but she'll need to meet with a personal injury/civil rights lawyer to determine if the state violated any laws here. When there is some cause for concern that a person may be sucidial, the state can force the person for mental health evaluation and possible treatment. The rules for that are spelled out in the applicable state statute.
 

Just Blue

Senior Member
#3
So for anyone wondering, I live in Texas. I have a few questions about something that occurred a couple months ago during the fall school semester. My girlfriend was taking a writing class and submitted an essay talking about how she used to have suicidal tendencies in middle/early high school. In the paper she talked about hurting herself and attempting to jump off of high places to take her own life. Now, I am not sure she specified a date in the paper, which may be the only issue with this whole ordeal. Either way, after the paper was turned in, she was taken aside by the teacher and some campus police that had been called to the classroom, and questioned about the paper. She says she told them that it was written about things that occurred 8 years ago and that she was fine now, but apparently, the officers thought she was "mentally unstable" enough for an emergency commitment to A MENTAL HOSPITAL. Ya know, the place with actually mentally unstable people that is no place for a completely sane 18 year old, 5'5", 100lb girl... anyway, at this point she is calling and texting me telling me they're trying to take her away and lock her up against her will. She's freaking out and now I'm starting to get worried because it sounds serious. Once she arrives at the mental hospital, she talks to a psychiatrist who is supposed to do a "mental check" and see if she is "mentally sound". I arrive and we both start talking to this woman about how this is all a mistake and that she was committed over something that happened 8 YEARS AGO. The psychiatrist starts going on about how "she has been brought here buy a police officer and under emergency commitment law, she legally can't be released for 48 hours." We asked her to see what the officer wrote and the "evidence" that she was "mentally unstable" in any way. She refused. I told her this is a load of bullshit and that my girlfriend can't be held here against her will, and, quite honestly, started trying to think of ways we could break out of there as soon as she left us alone. Long story short, we didn't escape. She stays there for two days and has blood drawn from the top of her hand, they couldn't find a vein and had to stick her multiple times. Apparently, the nurses tell her some of the other patients are watching her and "jerking off" because of the clothes she came there in from school(blue jean shorts and a tank top). It's all a very traumatic experience for her and I just want to know who should be held accountable, and if possible, who should be sued for not doing their job correctly, causing me and her both days of problems, missed work, and missed classes, not to mention the mental trauma inflicted upon her by being held against her will with people who are actually crazy. Please give some advice, because it happened months ago and I don't even know if anything can be done about it at this point...
Your 18 year old GF was in middle school/early high school when she was 10? Have GF sign up here for assistance or suggest to her to seek an attorneys assistance. For you...there is no basis for a law suit. GF...possibly. But we would first need to speak to her...so have her join and ask her own question under her own user name. Thank You...
Blue
 

quincy

Senior Member
#4
As the boyfriend, you can only offer your girlfriend emotional support. Nothing more. The medical professionals are prohibited by law from discussing your girlfriend's admittance, evaluation and subsequent treatment with you.

Although the psychiatric hold might not have been necessary, it is better that she was evaluated than to ignore what she wrote.

The psychiatric hold was not a malicious act but one that stemmed from concern for your girlfriend. You should be grateful to the person or persons who read your girlfriend's essay and cared enough to make sure she was okay.

I am not seeing any legal action she can pursue, based on what you know of the matter, but she could review the facts with an attorney in her area.

A link to the laws: https://www.dfps.state.tx.us/handbooks/aps/files/APS_pg_4800.asp
 
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