In re R.F.

914 A.2d 907, 2006 Pa. Super. 375, 2006 Pa. Super. LEXIS 4644
CourtSuperior Court of Pennsylvania
DecidedDecember 27, 2006
StatusPublished
Cited by21 cases

This text of 914 A.2d 907 (In re R.F.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re R.F., 914 A.2d 907, 2006 Pa. Super. 375, 2006 Pa. Super. LEXIS 4644 (Pa. Ct. App. 2006).

Opinion

OPINION BY

POPOVICH, J.:

¶ 1 Appellant R.F. appeals the order refusing to expunge his civil commitment record on the basis that the evidence was insufficient to support the same. We affirm.

¶2 From the trial court’s order denying Appellant’s request to expunge evidence of his civil commitment, a timely appeal to this Court was filed claiming that: 1) the trial court erred in applying an improper standard of review; 2) the evidence was insufficient to justify the initial involuntary commitment under 50 P.S. § 7302(a)(2) (involuntary emergency examination and treatment — peace officer); and 3) the evidence was insufficient to justify the continued involuntary treatment under 50 P.S. § 7303 (application for extended involuntary emergency treatment).

¶ 3 Before reaching the merits of Appellant’s claims, we note that a person who has been unlawfully committed to a state mental facility has a constitutional right to the destruction of hospital records created as a result of the illegal commitment. Wolfe v. Beal, 477 Pa. 477, 384 A.2d 1187 (1978). Wolfe’s rationale has been extended to require that court records also be expunged when an illegal commitment occurs; to-wit:

To be sure, the question of expungement of court records arising from an illegal commitment was not at issue in Wolfe simply because the lower court’s decision to order such relief was not challenged. However[,] we think it clear that the Court’s reasoning regarding destruction of the hospital records is equally applicable to the issue sub judi-ce. Be they hospital records or court records, the dispositive fact is that they originated as a result of an illegal proceeding subsequently declared null and void; and, in either case, their “continued existence [ ... ] pose a threat to [909]*909[Appellant's reputation.” Id. Under such circumstances, and in the absence of any compelling reason to the contrary offered by the Commonwealth, justice demands that [Appellant be returned to a position as near as possible as that which [J.T.] enjoyed prior to the illegal commitment; namely, an unsullied record.

Commonwealth v. J.T., 279 Pa.Super. 127, 420 A.2d 1064, 1065 (1980) (citations omitted). The destruction/expungement of civil commitment records (be they generated in a hospital or court context) are required if “they originated as a result of an illegal proceeding subsequently declared null and void[.]” J.T., 420 A.2d at 1065. Herein, this translates into a determination of whether the trial court’s holding that “the evidence presented [ ... ] was sufficient to find [Appellant] in need of involuntary treatment under the Mental Health Procedures Act” was the product of an illegal proceeding unsupported by clear and convincing evidence. See In Re Hancock, 719 A.2d 1053 (Pa.Super.1998) (the degree of proof necessary to commit a person for mental evaluation under 50 P.S. § 7303 is clear and convincing evidence).

¶ 4 At bar, Appellant became the focus of inquiry when he phoned a suicide hotline (“New Hope Health Clinic”) on the 17th of April, 2004, and asked if the service sold information on various ways to commit suicide. N.T. (Expungement Hearing), 10/28/05, at 9. In advance of calling the hotline, Appellant went to the “Google” web site and keyed in the search phrase “suicide, how to commit.” Id. at 7. Appellant then clicked on the first link at the top of the “Google” page, which read: “How to Commit Suicide [ — ] Ways Methods.” On the second page of the web site, Appellant downloaded the following, as herein relevant:

How to commit suicide methods of committing suicide and painless suicide methods — How to Commit Suicide Successfully, effective methods ways [to] commit suicide[;] best methods of suicide[;] painless ways to commit suicide[;] how to commit suicide[;] and suicide causes how to commit suicide [...].
How To Commit Suicide
First let me say that death will achieve ultimate freedom from pain, fear, and depression. It is also the only way to experience complete peace. The hell of the [... ] pointless life and existence holds absolutely no meaning or reason to live. Nothing matters anymore because the deep pain is all that can be felt, and every day it [... ] gets worse and worse. No one cares! They have proven it by how they hurt me. LOVE IS A LIE! The voice inside says freedom from the pain is to just end it, so [get] it over with. I know these things and I know how to commit suicide [...]. Let me explain [...].
If you are going to kill yourself, today [ ... ] are thinking about it, call Toll Free: 800-784-2433 (answered 24 hours) to find out more about death. [...]•

Appellant’s Exhibit No. 1, 10/28/05. Appellant phoned the 800 number on page 2 of the exhibit at 1:30 p.m. on the 17th day of April, 2004, and spoke to a person from “New Hope”: Appellant asked what they did there. Appellant also asked, “Do you sell information on various ways to commit suicide, [ ... ] painless ways, effective ways [...?]. Id. at 9. Appellant further admitted to the hotline operator that he had a loaded gun. Id. at 10. Within two to three minutes, Appellant terminated the call. Sometime after 3:00 p.m., Pennsylva[910]*910nia State Trooper Howard J. Bloomfield was dispatched to Appellant’s home, and Ms account of what led to the arrival of the police is as follows:

I received a call from the station desk personnel to respond to [Appellant’s] location in East Bangor[, Pennsylvania,] regarding a gentleman who threatened to commit suicide. The information I received was the person had a loaded rifle, they planned on using it and don’t send the police because they’re not going to get — the person has a loaded rifle, don’t send the police. They’re not going to get inside the residence.

Id. at 53-54.

¶ 5 Once Trooper Bloomfield arrived at the scene, Appellant was not immediately visible. After the passage of a few minutes, the trooper observed Appellant looking out the garage window.1 A few minutes later, Appellant opened the garage door and walked toward the trooper, who advised Appellant that the state police had been alerted that someone had placed a phone call threatening to commit suicide, being in possession of a loaded rifle, not to send the police, and the call was traced to Appellant’s home. Despite repeated pleadings by the trooper that Appellant was not under arrest, not in any trouble, and the police were just seeking the truth, Appellant denied making any phone call. N.T. (Expungement Hearing), 10/28/05, at 56.

¶ 6 The circumstances surrounding the suicide hotline call (“the person had a loaded rifle, planned on committing suicide, wanted to get it done right, [and said], don’t send the cops,” and Appellant denied maMng any such call) convinced Trooper Bloomfield to transport Appellant to the Pocono Medical Center for evaluation. N.T. (Expungement Hearing), 10/28/05, at 62. En route to the hospital, Appellant admitted that he was depressed and going through a divorce. Id. at 63.

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Cite This Page — Counsel Stack

Bluebook (online)
914 A.2d 907, 2006 Pa. Super. 375, 2006 Pa. Super. LEXIS 4644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rf-pasuperct-2006.