In re Nadeau

407 N.W.2d 406, 1987 Minn. App. LEXIS 4448
CourtCourt of Appeals of Minnesota
DecidedJune 9, 1987
DocketNo. C3-87-582
StatusPublished

This text of 407 N.W.2d 406 (In re Nadeau) 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 Nadeau, 407 N.W.2d 406, 1987 Minn. App. LEXIS 4448 (Mich. Ct. App. 1987).

Opinion

OPINION

POPOVICH, Chief Judge.

Yvonne Nadeau seeks review of a March 1987 commitment as a mentally ill person, arguing there was insufficient, evidence to show she is dangerous to herself or others. We affirm.

FACTS

Yvonne Nadeau has been committed as a mentally ill person on two prior occasions. In 1985, when this court reviewed the second commitment, we held the evidence was insufficient to support the finding Nadeau posed a substantial likelihood of harm to herself or others. In re Nadeau, 375 N.W.2d 85 (Minn.Ct.App.1985). Nadeau now argues the findings and order for her third commitment are similarly flawed.

Steven Johnson filed a petition for Na-deau’s commitment on January 14, 1987. Nadeau has persistently claimed she and Johnson are married. Johnson first met Nadeau in 1980, when she worked as a secretary at the school he attended. After Nadeau left that employment, she began calling and writing Johnson at his parents’ home. Johnson testified he told Nadeau he was not interested in a relationship with her. Johnson eventually obtained a temporary restraining order and a temporary injunction requiring Nadeau “to absolutely refrain and desist * * * from engaging in any communication with [Johnson] or from making representations that [she and Johnson] are married * * Nadeau was found in contempt and incarcerated for violating the injunction in 1986.

Steven Johnson married Louise Fancher in April 1986. Johnson testified Nadeau repeatedly called police to report fictitious crimes occurring at his home. By January 1987, Nadeau was phoning Johnson’s home up to 20 times per day. Nadeau called Johnson’s wife an adulteress, claimed that Johnson was being “sexually abused and perverted” and insisted Fancher leave her [407]*407(Nadeau’s) husband alone. Nadeau often left messages on the couple’s answering machine, including “suggestions” that Fancher’s sexual organs be surgically removed.

Johnson testified numerous clergy, art galleries, and friends had called him in response to Nadeau’s claims she is his wife. Nadeau obtained credit cards in Johnson’s name, listing herself as Mrs. Steven Johnson. Johnson believed Nadeau’s anger and behavior had increased and appeared to be directed at Fancher. Johnson felt Nadeau posed a danger to him and to his wife and was unable to function. Johnson viewed Nadeau’s statements that the Lord had prepared a place for them to be together as a threat, and he was concerned Nadeau might harm him or Fancher.

Louise Fancher described a visit by Na-deau to a store where Fancher worked part-time. Nadeau screamed Fancher was an adulteress and told her to stay away from “her” husband. The phone calls from Nadeau in January 1987 often advised Fancher to get out of the apartment, and sometimes stated it was the last warning Fancher would receive. Fancher testified Nadeau’s calls became increasingly angry, obscene, and sexually explicit. Nadeau accused Fancher of hurting Johnson and injecting him with drugs.

Michael Lee, an assistant manager of a Perkins restaurant, testified Nadeau frequently came in alone, asked for a table for two, claimed she and her husband Steve were getting back together, and was unable to pay for food which she ordered. In mid-January 1987 Lee told Nadeau not to return to the restaurant. Nadeau had also left credit cards in Johnson’s name, in lieu of payment, on occasion.

Kenneth Burns, night manager of a Holiday Inn, testified Nadeau stayed there from January 4 through January 7. She said her husband, Steven Johnson, would pay the bill, and she left without paying. Hotel records revealed Nadeau had made numerous calls to Johnson’s home telephone during her stay.

Ruth Bidinger, pastoral care coordinator at North Heights Lutheran Church, and Susan Priebe, pastoral care secretary, also testified. Bidinger described Nadeau’s frequent attempts to hide in the church overnight. She testified Nadeau’s physical appearance had deteriorated and she had a very strong body odor. The church custodian had to search the entire building for Nadeau after he detected the odor. On February 5, 1987 Nadeau was discovered hiding inside an altar. On February 9 Na-deau apparently spent the night in the church’s mothers’ room. Bidinger testified the odor was so bad the next day the room required fumigation. Nadeau had become more belligerent. Her frequent use of a telephone in the church led to the practice of removing the phone from the wall whenever Nadeau was known to be in the building.

Bidinger also testified Nadeau did not appear to provide food for herself except by attending church functions, including funerals, to eat. Nadeau was warned to stay away from such functions unless she had a legitimate role as a participant. Na-deau refused all assistance to obtain permanent housing and counseling. The church advised it would not offer Nadeau more food and shelter unless she cooperates with those efforts.

Bidinger believed Nadeau could become more violent, based on her escalating delusions. She testified Nadeau summoned police to the church by claiming Bidinger and the church were “sexually abusing” Johnson.

Priebe confirmed Nadeau’s increasing agitation from October 1986 to early 1987 and testified Nadeau was unable to provide needed food and shelter for herself or to care for her personal hygiene. Priebe felt threatened by Nadeau’s frequent angry outbursts at the church.

Jeffrey Nadeau, appellant’s brother, testified he was concerned his sister cannot care for herself. He was unsure if she was dangerous to others, but believed she was extremely vulnerable. She has slept in the common bathroom and hallways of the fourplex in which their mother lives and would not cooperate with voluntary treatment of her mental illness. Jeffrey Na-[408]*408deau also noted Ms sister’s persistent delusions about Steven Johnson.

Licensed consulting psychologist Don Anderson was appointed, at the request of Yvonne Nadeau’s counsel, to examine her. He previously examined Nadeau before her first and second commitments and reported her extensive delusional system remained firmly in place when he examined her on February 23, 1987. Anderson diagnosed Nadeau as suffering from chronic paranoid schizophrenia. The illness has caused her thoughts and perceptions to be disturbed. Although Anderson recognized Nadeau’s prior ability to survive “by unconventional means,” he seriously questioned her continued ability to do so, and believed her basic needs were not being met.

Anderson testified Nadeau was dangerous to herself. As a result of her escalating moods and increasingly serious actions, such as excessive telephoning, the making of threats, and repeated violation of the court orders to have no contact with Johnson, Anderson believed there was a possibility Nadeau could become violent, even though she had not harmed others in the past.

The court appointed examiner was psychiatrist Hildegard Graber. On February 23, Dr. Graber also diagnosed Nadeau as suffering from chronic paranoid schizophrenia in an acute phase. Dr. Graber testified the illness has had a “devastating” effect on Nadeau, causing her to antagonize others, become increasingly isolated, and be unable to care for her basic needs for food, appropriate clothing and shelter. Graber said Nadeau was actively psychotic, out of touch with reality, and acting upon delusions regarding Johnson when she calls him.

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Related

O'Connor v. Donaldson
422 U.S. 563 (Supreme Court, 1975)
In Re Nadeau
375 N.W.2d 85 (Court of Appeals of Minnesota, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
407 N.W.2d 406, 1987 Minn. App. LEXIS 4448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-nadeau-minnctapp-1987.