Mason v. Wilson

20 So. 3d 151, 2009 Ala. Civ. App. LEXIS 91, 2009 WL 886497
CourtCourt of Civil Appeals of Alabama
DecidedApril 3, 2009
Docket2080194
StatusPublished

This text of 20 So. 3d 151 (Mason v. Wilson) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mason v. Wilson, 20 So. 3d 151, 2009 Ala. Civ. App. LEXIS 91, 2009 WL 886497 (Ala. Ct. App. 2009).

Opinion

THOMAS, Judge.

On November 6, 2008, Missy Wilson, an employee of the Mobile County district attorney’s office, petitioned the Mobile Probate Court, seeking the involuntary commitment of Leslie Mason. According to the petition, Mason had telephoned Wilson’s office number and had left messages indicating that she was suffering from a mental illness and that she desired to commit suicide. The petition recounted the details of a conversation that Mason had had with the district attorney’s office personnel on November 3, 2008, indicating that a doctor was going to rape and kill her, that this doctor had put razors and “goat stickles” in her stomach, and that “sometimes I want to kill myself but not now”; the petition also recounted the details of a telephone message in which Mason had stated “I want to kill myself; please help me” and had accused the doctor of raping her. As a result of the last message, Mason had been taken to a local hospital. Attached to the petition and later admitted as evidence during the probable-cause hearing was a four and a half page letter from Mason to the Mobile Police Department in which she recounted in detail several serious and bizarre allegations against a Georgia doctor.

The probate court entered an emergency order on November 6, 2008, placing Mason in the custody of Altapointe Health Systems’ Probate Court Evaluation Unit. After a probable-cause hearing on November 12, 2008, the probate court determined that Mason posed a threat to herself or to others and ordered her detained and treated until the hearing on the merits of the commitment petition, which was set for November 18, 2008. After the hearing on the merits of the petition, the probate court ordered Mason committed to the custody of the State, specifically to Searcy *152 Hospital, for a period not to exceed 150 days. Mason appeals from that order.

By joint motion granted by the probate court, the evidence and testimony at the probable-cause hearing was to be considered at the merits hearing as if adduced at that hearing. In sum, the evidence at both hearings reflected that Mason suffers from delusions regarding the Georgia doctor, who she alleges, in the letter attached to the petition, (1) has enrolled her in an egg-harvesting program without her consent; (2) has raped and sodomized her on several occasions; (3) has implanted blades in her chest and abdominal cavities and implanted what she calls “goat sticks” or “horse sticks,” which she appears to believe result in the implantation of animal fetuses, in her abdominal cavity; and (4) has threatened her life if she exposed him.

At the November 18, 2008, hearing on the merits of the petition, Joyce Barber, a representative of the Adult Evaluation Team at Altapointe, testified regarding the evaluation of Mason. Barber stated that Mason had been diagnosed as suffering from paranoid schizophrenia and that she had been placed on a medication named “Geodon.” Barber testified that, as recently as the day before the hearing, Mason had continued to suffer from delusions about the Georgia physician, including her belief that she was enrolled in an egg-harvesting program and that the Georgia physician had implanted “goat sticks” during this program. Barber noted that Mason continued to be paranoid and that she had indicated, only the day before the hearing, that she wanted to commit suicide. According to Barber, Mason had not shown a response to the medication and continued to be actively delusional despite its administration.

Barber testified that Mason’s earlier medical records had indicated that she had been seen by a Mobile physician in November 2008 and that he had found no reason for the abdominal pain of which she complained. According to Barber, earlier medical records indicated that Mason had suffered from major depressive disorder with psychotic features in the past several years. Those records, according to Barber, indicated that Mason had been hospitalized in Augusta, Georgia, in 2005, 2006, and 2007.

When asked if Mason posed a risk of harm to herself or to others, Barber explained again that the concern was that Mason would act on her repeated desire to commit suicide or to perhaps strike out at the Georgia physician that she had accused of harming her. Although Barber admitted that Mason had not been violent on the unit during her approximately 10-day confinement, Barber noted that Mason’s active belief that the situation she described was occurring could result in action based on those beliefs. Barber testified that Mason did not believe herself to be mentally ill, which Barber said made it impossible for Mason to make rational, informed decisions about the necessary treatment for her condition. Without treatment, said Barber, Mason’s mental health would deteriorate. Because of Mason’s lack of insight into her illness and her inability to make rational and informed decisions about treatment, Barber opined that commitment was the least restrictive means to administer to Mason the necessary treatment for her mental illness.

Commitment proceedings are governed by the procedures outlined in Ala.Code 1975, § 22-52-1 et seq. See Webster v. Bartlett, 709 So.2d 1226 (Ala.Civ.App.1997) (holding that both original commitment proceedings and renewal proceedings are governed solely by Alabama statutory law). To have properly committed Mason to inpatient treatment, the probate court must have found clear and convincing evi *153 dence of each of the following elements: (1) that Mason “is mentally ill”; (2) that Mason “poses a real and present threat of substantial harm to self and/or others”; (3) that Mason “will, if not treated, continue to suffer mental distress and will continue to experience deterioration of the ability to function independently”; and (4) that Mason “is unable to make a rational and informed decision as to whether or not treatment for mental illness would be desirable.” Ala. Code 1975, § 22-52-10.4(a).

Mason relies on this court’s opinion in Ryan v. Bartlett, 802 So.2d 1082 (Ala.Civ.App.2001), in which we reversed the re-commitment to inpatient treatment of Stephen Ryan because of the lack of proof that Ryan was a danger to himself or others. Ryan had been confined for purposes of treatment for a four-month period, during which he had been compliant with his treatment regimen and had not exhibited any overt signs that he would be a danger to himself or to others. Ryan, 802 So.2d at 1084.

“Ryan’s treating psychologist, Dr. Euse-bio Respicio, had testified that it was ‘a possibility’ that Ryan, if he thought certain people were conspiring against him, could ‘call and threaten’ or might attempt to ‘hit’ those people. Ryan, 802 So.2d at 1083. However, Dr. Respicio testified that Ryan had not acted in a violent manner or made any threats during his four-month commitment to Sear-cy Hospital; Dr. Respicio also testified that he had no record of Ryan having hit anyone in the past or that Ryan had ever been criminally charged with assaulting or threatening anyone. Id. at 1084. Dr. Respicio further testified that Ryan could function in a coherent and calm manner in situations unrelated to his paranoid delusions and that ‘Ryan “really can keep it to himself. He doesn’t show evidence like [acting out or committing overt acts of violence].” ’ Id. Thus, we concluded that Dr.

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Related

Webster v. Bartlett
709 So. 2d 1226 (Court of Civil Appeals of Alabama, 1997)
Ryan v. Bartlett
802 So. 2d 1082 (Court of Civil Appeals of Alabama, 2001)
Collins v. Williams
967 So. 2d 91 (Court of Civil Appeals of Alabama, 2007)

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Bluebook (online)
20 So. 3d 151, 2009 Ala. Civ. App. LEXIS 91, 2009 WL 886497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mason-v-wilson-alacivapp-2009.