In re El-Rashad

411 N.W.2d 567, 1987 Minn. App. LEXIS 4751
CourtCourt of Appeals of Minnesota
DecidedSeptember 8, 1987
DocketNo. C0-87-1270
StatusPublished
Cited by1 cases

This text of 411 N.W.2d 567 (In re El-Rashad) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re El-Rashad, 411 N.W.2d 567, 1987 Minn. App. LEXIS 4751 (Mich. Ct. App. 1987).

Opinion

OPINION

POPOVICH, Chief Judge.

El-Rashad appeals from a June 11 order committing him to the mental health unit at Oak Park Heights, where he is an inmate, as a mentally ill person. We affirm.

FACTS

Appellant Gabriel El-Rashad has been an inmate at Oak Park Heights Correctional Facility since January 30, 1985. He has been involved in several incidents of violence, has repeatedly threatened the safety of others and attempted suicide. El-Rash-ad has voluntarily admitted himself to the [568]*568mental health unit at Oak Park Heights on several occasions and has also “signed himself out” of the unit.

A petition for commitment as a mentally ill person was filed by Lowell Parsons, a licensed consulting psychologist who serves as assistant director of the Oak Park Heights Mental Health Unit (hereafter MHU). Examiners were appointed and a hearing was held on the petition for commitment on May 29 and June 1,1987. Amy Medina, a behavior therapist at Oak Park Heights since December 1983, related numerous threats made by the patient to her safety. She testified El-Rashad had torn his mattress and sheets to create nooses to hang himself.

Dr. John Buck, a senior clinical psychologist, appointed the examiner by the court, diagnosed El-Rashad as suffering from atypical depression, characterized by an extremely impulsive personality style. He testified the depression had been present throughout much of the prior two years and had resulted in sleep and appetite disturbances and numerous suicide gestures. Since Dr. Buck was unable to clearly determine whether El-Rashad suffered from ongoing depression or had elements of an adjustment disorder resulting from his environment, he characterized El-Rashad’s illness as atypical depression.

Dr. Buck specifically testified El-Rashad suffered from a substantial psychiatric disorder of mood which grossly impairs his behavior, manifested by grossly disturbed behavior and suicide attempts. Although El-Rashad did not suffer from a thought disorder and did not appear to be out of contact with reality, his mood and behavior problems are substantial. Buck testified El-Rashad is mentally ill.

Lowell Parsons, who had petitioned for El-Rashad’s commitment, has been a clinical psychologist since 1967. He testified concerning El-Rashad’s repeated suicide attempts and violence towards other inmates. He also diagnosed El-Rashad as having a major problem with depression and specifically testified El-Rashad has a substantial psychiatric disorder of mood which grossly impairs his judgment and behavior. The disorder is manifested by instances of grossly disturbed behavior and there is a substantial likelihood that El-Rashad will harm himself or others, based on his past attempts at harm.

Dr. Parsons was questioned why his pri- or submission to the court had indicated El-Rashad is not mentally ill. He indicated what he meant was El-Rashad does not have schizophrenia or another psychotic disorder characterized by a loss of touch with reality. However, Parsons stressed El-Rashad does have a major problem with depression, which is a substantial psychiatric disorder, and his expressions of suicidal intent are serious.

Licensed consulting psychologist John Austin was appointed at El-Rashad’s request. Dr. Austin did not agree with the diagnosis of severe depression, although he saw some evidence of depressed behavior. Austin characterized El-Rashad’s problem as an adjustment reaction to the specific stress of the institution. He felt that El-Rashad’s depression had not reached the level of a prominent mood disturbance or major affective disorder. Austin was unable to testify whether El-Rashad had exhibited similar behavior before his admission to Oak Park Heights, but concluded El-Rashad essentially suffered from an antisocial personality disorder.

Dr. Austin’s report, submitted to the court prior to the hearing, suggested appellant be transferred to a correction facility at St. Cloud. If El-Rashad’s self-injurious behavior did not cease, then Austin conceded that commitment may be an appropriate alternative. Austin stressed it was important to act to prevent El-Rashad from committing suicide.

Appellant testified on his own behalf, confirming threats made at others and numerous suicide attempts. He believed he had been provoked to threaten others, and denied he was mentally ill. By order on June 9 which included detailed findings of fact, the trial court found there was clear and convincing evidence that El-Rashad was mentally ill and there was no suitable alternative to commitment. The trial court recited the substance of the expert testimo[569]*569ny and itemized 13 separate suicide gestures or attempts made by El-Rashad between July 2,1985 and April 28,1987. The court found El-Rashad had a substantial psychiatric disorder of mood diagnosed as atypical depression and also suffered from a personality disorder. The court found the substantial psychiatric disorder of mood grossly impaired El-Rashad’s behavior, and was manifested by instances of grossly disturbed behavior, including his suicide gestures and threats. The court found there was a substantial likelihood that El-Rashad would harm himself and rejected all alternatives to judicial commitment.

El-Rashad appeals, arguing (1) the evidence was insufficient to establish he is a mentally ill person, as the term is defined by statute, (2) the trial court erred in rejecting less restrictive alternative dispositions, and (3) the MHU at Oak Park Heights is an inappropriate placement.

ISSUES

1. Is the trial court’s finding that El-Rashad is a mentally ill person clearly erroneous?

2. Did the trial court err in rejecting less restrictive alternative dispositions?

3. Did the trial court err in its choice of treatment facility?

ANALYSIS

1. A trial court may order commitment of an individual as a mentally ill person if it finds (a) the individual has a substantial psychiatric disorder, (b) the disorder is manifested by grossly disturbed behavior or faulty perceptions, (c) the individual poses a substantial likelihood of physical harm to himself or others as demonstrated by a recent attempt to harm, and (d) there is no suitable less restrictive alternative disposition. Minn.Stat. §§ 253B.02, subd. 13, 253B.09, subd. 1 (1986). We may not set aside the findings of the trial court unless they are clearly erroneous. Minn.R. Civ.P. 52.01.

Appellant argues he suffers from a character disorder, and is not mentally ill as defined by statute. An individual who suffers from an antisocial personality disorder, but not a major mental illness, may not be a “mentally ill person” as that term is defined by statute. See Drewes v. Levine, 366 N.W.2d 719, 721 (Minn.Ct.App. 1985), pet. for rev. denied (Minn. July 11, 1985).

However, the trial court specifically found El-Rashad does suffer from a substantial psychiatric disorder, which is one element of the statutory definition. The definition requires clear and convincing evidence of “a substantial psychiatric disorder of thought, mood, perception, orientation, or memory which grossly impairs judgment, behavior, capacity to recognize reality, or to reason or understand.” Minn. Stat. § 253B.02, subd. 13. Psychologists Buck and Parsons both testified that El-Rashad suffered from a substantial psychiatric disorder of mood and the disorder grossly impaired his behavior.

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411 N.W.2d 567, 1987 Minn. App. LEXIS 4751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-el-rashad-minnctapp-1987.