In the Matter of the Civil Commitment of: M.L., Appellant-Respondent,
Eskenazi Health / Midtown Mental Health CMHC, Appellee-Petitioner.
from the Marion Superior Court The Honorable Steven R.
Eichholtz Trial Court Cause No. 49D08-1612-MH-42227
ATTORNEY FOR APPELLANT Valerie K. Boots Marion County Public
Defender Indianapolis, Indiana
ATTORNEY FOR APPELLEE Jessica Barth Eskenazi Health
OF THE CASE
Appellant-Respondent, M.L., appeals the trial court's
grant of Appellee-Petitioner's, The Health and Hospital
Corporation of Marion County d/b/a/ Eskenazi Health/Midtown
Mental Health CMHC (Eskenazi), request for temporary
We affirm in part, reverse in part, and remand with
M.L. raises one issue for our review, which we restate as:
Whether Eskenazi presented sufficient evidence to support the
special condition of commitment.
Eskenazi presents one issue, which we restate as: Whether
Eskenazi is entitled to appellate attorney's fees
pursuant to Indiana Appellate Rule 66(E).
AND PROCEDURAL HISTORY
On November 14, 2016, thirty-year-old M.L. was admitted to
the inpatient unit at Eskenazi hospital on an emergency
detention. Eskenazi filed a petition for involuntary
commitment that same day, which was denied by the trial
court. M.L. was released from the hospital on November 22,
On November 24, 2016, M.L. returned to the hospital to speak
with Dr. Aimee Patel (Dr. Patel), the attending psychiatrist.
When he learned that Dr. Patel was not there that day, M.L.
asked the staff for a list of the chemicals he had been
exposed to during his recent hospitalization. M.L. left, but
returned on November 28, 2016, again requesting to speak with
Dr. Patel. Dr. Patel observed M.L. to be "very
disorganized, pressured, paranoid. Speaking about be[ing] a
spy and recording everything. [And] [n]eeding a list of all
chemical exposures." (Transcript p. 7). She became
concerned and filed another petition, seeking an emergency
detention of M.L. The application included a physician's
emergency statement, which was signed on the same date. Dr.
Patel re-admitted M.L. to the inpatient psychiatric unit. The
hospital filed a Report Following Emergency Detention on
November 30, 2016, which included a physician's
Upon M.L.'s re-admission, Dr. Patel determined that
"[h]e [wa]s having a very clear episode of bi-polar
mania. Which has led to [a] very impaired thought process. He
[wa]s quite paranoid, quite delusional, very pressured."
(Tr. p. 7). M.L. was given emergency medication for agitation
several times at the hospital but refused all offered
medications. M.L. was "placed in restraints for safety.
He had made a number of statements about - actually about
killing himself[.]" (Tr. p. 7). He made threatening
statements and gestures toward other people on the unit and
spoke of purchasing a gun for protection.
On December 5, 2016, the trial court conducted an evidentiary
hearing. During the proceedings, Dr. Patel testified that
M.L. was both dangerous to himself and others, and gravely
disabled by his mental illness in that he was not able to
provide his own food, clothing, shelter, and basic needs. Dr.
Patel also requested that the trial court impose certain
special conditions on M.L. as part of the Order of
Commitment, including that he "not use alcohol or drugs,
other than those prescribed by a certified medical
doctor." (Tr. pp. 18-19). At the close of the evidence,
the trial court ordered M.L. to be involuntarily committed to
Eskenazi hospital on a temporary basis for a period not to
exceed ninety days. Among the special conditions made a part
of the Commitment Order was the trial court's mandate
that "upon attaining outpatient status, " M.L.
"shall not use alcohol or drugs, other than those
prescribed by a certified medical doctor."
(Appellant's App. Vol. II, p. 7).
M.L. now appeals. Additional facts will be ...