State Ex Rel. Ed

347 S.W.3d 388, 2011 WL 3444070
CourtCourt of Appeals of Texas
DecidedAugust 8, 2011
Docket05-11-00538-CV, 05-11-00539-CV
StatusPublished

This text of 347 S.W.3d 388 (State Ex Rel. Ed) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Ed, 347 S.W.3d 388, 2011 WL 3444070 (Tex. Ct. App. 2011).

Opinion

347 S.W.3d 388 (2011)

The STATE of Texas for the Best Interest and Protection of E.D.

Nos. 05-11-00538-CV, 05-11-00539-CV.

Court of Appeals of Texas, Dallas.

August 8, 2011.

*389 Deborah Farris, Dallas, TX, for Appellant.

Craig Watkins, Dallas County District Attorney, Michael R. Casillas, Assistant District Attorney-Chief Prosecutor, Dallas, TX, for Appellee.

Before Justices BRIDGES, LANGMIERS, and MURPHY.

OPINION

Opinion By Justice MURPHY.

E.D. appeals from a judgment for temporary in-patient mental health services (No. 05-11-0-538-CV) and an order to administer psychoactive medication (No. 05-11-00539-CV). In four issues, E.D. contends the evidence is legally insufficient to support the jury's and court's findings. We affirm.

BACKGROUND

Dallas police officers picked up E.D. from a convenience store and took her to the emergency room at Parkland Hospital on April 7, 2011. According to the police report, E.D. was creating a disturbance at the store and police were called. Upon arrival, E.D. asked the officers to shoot her. She also was described as combative, hostile, shouting expletives, and spitting on the "techs." One of the officers completed an application for emergency detention citing as the reason E.D.'s request for the officers to shoot her.

Dr. Erika Navarro testified at trial as an accepted expert in the field of psychiatry. Dr. Navarro examined E.D. and also treated her at Presbyterian Hospital after E.D.'s transfer there. She described E.D. as a forty-five year old woman with a history of mental illness. She had been hospitalized previously in December of 2010 and had been in forensic psychiatric units in the past. Dr. Navarro testified that E.D.'s behavior at the Parkland emergency room was consistent with that described at the convenience store. As a result of her conduct, an emergency intermuscular injection was administered. The *390 injection contained an anti-psychotic, a sedative, and medication to counteract potential side effects. The following day, E.D. was admitted at Presbyterian Hospital. Navarro testified that while there, E.D. required emergency medication because of severe outbursts. E.D. also refused medications.

Dr. Navarro diagnosed E.D. with "schizo-affective disorder, bipolar-type," which is a mental illness. She described the condition as a brain disorder resulting in psychotic symptoms and mood disregulation. She explained psychotic symptoms cause the patient to hear voices or to have visual hallucinations; the patient believes the perceptions are real. She described the mood disregulation as intermittent episodes of severe depression and periods of severe manic behavior, which is a state of very high alertness and hyperactivity that interferes with the patient's sleep and ability to think clearly. She testified that E.D. has thought disorders and mood swings and is delusional. As to the incident at the convenience store, E.D. told Dr. Navarro that she was just going to get her food and was talking a lot and they told her to get out. She went out and "the next thing she knew" the police were there.

Dr. Navarro testified that E.D., as a result of her mental illness, is likely to cause serious harm to herself and to others. She identified E.D.'s aggressive behavior of yelling and screaming as putting her in a situation where people would attack her. As an example, she described an incident where E.D. attacked another patient because she thought the patient was harassing her. Yet, there was no evidence the person was doing anything to E.D. Another incident involved E.D. throwing her food tray across the room, which Dr. Navarro testified could incite someone not understanding E.D.'s condition to attack her. Other incidents that Dr. Navarro identified as evidence of potential harm to others include E.D.'s spitting and threats to hospital staff.

Dr. Navarro also opined that E.D. is not able to make rational and informed decisions as to whether to submit to treatment because of her severe and abnormal mental, emotional, or physical distress. She testified E.D. is deteriorating in her ability to function independently. She explained that E.D. had been living alone in an apartment without any family support. In that environment, E.D. does shower and eat, but she has no job; Dr. Navarro's concern is that because of her behavior, E.D. would not be able to maintain stable housing. Because of E.D.'s behavior requiring emergency medications that cause her to sleep, Dr. Navarro was unable to evaluate E.D.'s sleep pattern.

Dr. Navarro gave her belief that it would be in E.D.'s best interest to receive in-patient treatment at Presbyterian Hospital under court order and that no lesser restrictive alternatives were available because E.D. does not believe she has a mental illness or needs medications to control her aggressive behavior. She said E.D. is not able to organize her thinking enough to be able to live in society without causing harm to others or to function, keep a job, or keep a roof over her head, and it all has to do with E.D.'s delusional beliefs. E.D. is unable to control herself, and Dr. Navarro opined that, if released, E.D. would either assault someone or someone would assault her.

E.D. also testified. At first she refused to raise her hand to be sworn as a witness, but eventually complied. Similar to Dr. Navarro's assessment, E.D. testified that she was at the convenience store to buy a hot dog and soft drink and does not know why the police were called. She said she "was just sitting on the curb eating [her] *391 hot dog and diet coke." The police drove up and "tasered" her and "harassed" her. They "took [her] stuff" and "teased [her] about taking [her] stuff from [her]." She described the incident as talking with an employee and "a manager showed up and I guess he harassed her that she wasn't doing her job or something like that, that she was spending too much time talking with me; that's all." She testified the officer pulled her by the hair and that is when she said "why don't you just shoot me?" She was trying to figure out how to get cash from the ATM because she had two days to move because she refused to sign a lease. She refused to answer questions about whether she received disability or social security benefits or whether she had been hospitalized at Green Oaks in December. She described the doctors as trying to "railroad" her into taking medicine. She denied causing any disturbance at the hospital. She admitted throwing her food tray and said it was because the other patients were "scared to speak up that they weren't getting fed properly," and E.D. was upset. She did not recall banging on the walls. She said she talks to herself because "apparently some people get on their knees and they pray, and I apparently like to talk to myself, it's therapeutic for me. I like talking to myself." She also said she defended herself from another person who had disorders and attacked her. She denied having a mental illness and described herself as lucid. She testified she does not want to take psychiatric medications. She also testified she feels she is able to take care of herself and has been "clean and sober since 4-16-99."

A jury found E.D. met the criteria for court-ordered in-patient mental-health treatment. The trial court ordered E.D. to temporary in-patient mental-health services at Presbyterian Hospital for a period not to exceed ninety days. In a separate order, the trial court found E.D. met the criteria to order the administration of psychoactive medication. This appeal followed.

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State ex rel. E.D.
347 S.W.3d 388 (Court of Appeals of Texas, 2011)

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Bluebook (online)
347 S.W.3d 388, 2011 WL 3444070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ed-texapp-2011.