Golub v. Giles

• Decision Date: 15 September 2004
• Docket Number: No. 49A02-0405-CV-386.,49A02-0405-CV-386.
• Citation: 814 N.E.2d 1034
• Parties: In the Matter of the Commitment of Martin GOLUB, Appellant-Respondent, v. Dr. David GILES, M.D. and Gallahue Mental Health Services, Appellees-Petitioners.
• Court: Indiana Appellate Court

814 N.E.2d 1034

In the Matter of the Commitment of Martin GOLUB, Appellant-Respondent, v. Dr. David GILES, M.D. and Gallahue Mental Health Services, Appellees-Petitioners.

No. 49A02-0405-CV-386.

Court of Appeals of Indiana.

September 15, 2004.

Joel M. Schumm, Indianapolis, IN, Attorney for Appellant.

Jeremy A. Klotz, Richard A. Smikle, Ice Miller, Indianapolis, IN, Attorneys for Appellees.

OPINION

BAKER, Judge.

Appellant-Respondent Martin Golub appeals an order involuntarily committing him to a mental health facility as an in-patient. Specifically, Golub argues that (1) appellees-petitioners Dr. David Giles, M.D. and Gallahue Mental Health Services (collectively, "Dr.Giles") did not present sufficient evidence of a grave disability as defined by Indiana Code section 12-7-2-96 to satisfy the commitment requirements; and (2) the special conditions of the commitment prohibiting Golub from consuming alcohol and drugs and harassing or assaulting his family members were improperly imposed because they were not requested by Dr. Giles, and they bore no relationship to the reasons for Golub's commitment.

Finding that there was sufficient evidence of a grave disability, we affirm the order of commitment. We also find, however, that all of the special conditions were improperly imposed as they relate to Golub's in-patient care and that the special conditions prohibiting Golub from consuming drugs and alcohol was also improperly imposed as it relates to Golub's out-patient care. We therefore reverse that portion of the order and remand this cause to the trial court with instructions that it strike all special conditions from the order of commitment insofar as they apply to Golub's in-patient care and to strike the special condition preventing Golub from consuming drugs and alcohol from the order of commitment altogether.¹

FACTS

The facts most favorable to the judgment are that Golub is a thirty-eight-year-old male with a well-documented history of mental illness and emergency detentions. Between 1998 and August 2003, Golub was detained on an emergency basis at least three times, based on a variety of behavior, including: making threats to his sister-in-law, discussing suicide, getting banned from his place of employment, exhibiting highly delusional and paranoid behavior, threatening to cut his wrists, and exhibiting unpredictability that evinced a potential to strike out physically in frustration and anger.

In August 2003, during an emergency detention, Dr. Giles, a physician with privileges at Community Hospital North, diagnosed Golub with Bipolar Disorder with Psychotic Symptoms. Dr. Giles based this diagnosis on interviews with Golub and Golub's family and consideration of two prior admissions. Dr. Giles referred Golub to an out-patient facility after Golub was discharged for follow-up medication and treatment, but there is no evidence that Golub sought out the facility or follow-up services. In the past, Golub took Lithium for help with his mental illness, but due to poor kidney function, Lithium is currently contraindicated. Golub refuses, however, to take any medication other than Lithium, apparently because of various side effects that he experienced when taking alternative medications.

Directly at issue in this case is Golub's behavior in the days leading up to April 12, 2004. On that day, Indianapolis police officers detained Golub and then transported him to Community Hospital North. At that time, after examination of Golub, Dr. Giles reaffirmed his prior diagnosis that Golub was suffering from Bipolar Disorder with Psychotic Symptoms.

In the months and days leading up to April 12, 2004, Golub took a variety of actions leading Dr. Giles to reaffirm that diagnosis. Among other things, Golub: (1) lunged at a hotel manager, (2) threatened his brother, sister-in-law, and other family members, and (3) claimed that actor Leonardo DiCaprio² assaulted him.

In addition, Golub's brother Marshall Golub ("Marshall") witnessed Golub attempting to direct traffic on Shadeland Avenue, and upon inquiry Golub stated: "I'm talking to the birds. I'm talking to the people up there. Just leave me alone." Tr. p. 20. Moreover, Marshall observed physical damage that had been done to the two hotel rooms in which Golub had been living prior to April 12, 2004: the television was destroyed and taped up, the pictures had been taken off the wall and some had been broken, the electrical outlets had been taped up, the air conditioner had been broken, the fire alarm had been removed, and the towel rack was broken. Finally, in the weeks leading up to April 12, 2004, Golub left a voicemail message for Marshall's wife, Lisa Golub ("Lisa"), accusing her of being part of the Federal Bureau of Investigation, accusing her of stalking and watching him, and informing her that he was sitting across the street from her house in a school watching her turn lights on and off. Lisa testified that this message frightened her because she has two small children and feared for their safety.

On April 13, 2004, Dr. Giles filed an Application for Emergency Detention of Mentally Ill and Dangerous Person. Following a commitment hearing on April 19, 2004, the trial court issued an order of regular commitment³ committing Golub to Community Hospital North/Gallahue Mental Health Services as an in-patient. The order of commitment, inter alia, provided that Golub would be committed as an in-patient, but that if it was the opinion of the staff that Golub no longer needed in-patient care, he "may be transferred to out-patient status for the balance of the commitment period, or from time to time as necessary." Appellant's App. p. 6. It also imposed six special conditions, requiring Golub to:

1. Take all medications as prescribed.

2. Attend all clinic sessions as scheduled.

3. Maintain his address and his telephone number on record if and when [Golub] is placed on out-patient commitment.

4. Not harass or assault family members or others.

5. Not use alcohol, or drugs, other than those prescribed by a certified medical doctor.

Id. p. 7. Golub now appeals.

DISCUSSION AND DECISION

I. Standard of Review

When reviewing a challenge to sufficiency of the evidence with respect to commitment proceedings, we look to the evidence most favorable to the trial court's decision and draw all reasonable inferences from that decision. In re the Commitment of G.M., 743 N.E.2d 1148, 1150-51 (Ind.Ct.App.2001). Moreover, if the trial court's commitment order represents a conclusion that a reasonable person could have drawn, we will affirm the order even if other reasonable conclusions are possible. Id.

When we review the evidence supporting such a judgment, we may neither reweigh the evidence nor judge the credibility of the witnesses. In re Mental Commitment of W.W., 592 N.E.2d 1264, 1266 (Ind.Ct.App.1992). Where the evidence is in conflict, we are bound to view only that evidence that is most favorable to the trial court's judgment. Id.

In commitment proceedings, the burden falls on petitioner to prove by clear and convincing evidence that: "(1) the individual is mentally ill and either dangerous or gravely disabled; and (2) detention or commitment of that individual is appropriate." Ind.Code § 12-26-2-5(e).

II. Golub's Claims

A. Sufficiency of the Evidence

We first confront whether the evidence was sufficient to support the trial court's finding that Golub should be involuntarily committed. Golub argues that the court erred by including the word "Psychotic" in the commitment order. Appellant's Br. p. 5-8. He further argues that because he is fully able to feed and clothe himself and otherwise function independently in society, there was not clear and convincing evidence of a grave disability within the meaning of the relevant statute.

As noted, the petitioner must prove by clear and convincing evidence that: "(1) the individual is mentally ill and either dangerous or gravely disabled; and (2) detention or commitment of that individual is appropriate." I.C. § 12-26-2-5(e). Another statute, Indiana Code section 12-7-2-96, defines "gravely disabled" as:

a condition in which an individual, as a result of mental illness, is in danger of coming to harm because the individual:

(1) is unable to provide for that individual's food, clothing, shelter, or other essential human needs; or

(2) has a substantial impairment or an obvious deterioration of that individual's judgment, reasoning, or behavior that results in the individual's inability to function independently.

In this case, according to Dr. Giles and the trial court, Golub is gravely disabled because he has a substantial impairment or an obvious deterioration of his judgment, reasoning, or behavior that results in his inability to function independently. Appellant's App. p. 6-7, 32-34. Dr. Giles based this conclusion on the fact that Golub does not accept that he is mentally ill and refuses to cooperate with treatment. Appellant's App. p. 33.

In challenging this conclusion, Golub first argues that the trial court erred by labeling his mental illness "Bipolar Disorder, Psychotic." Appellant's App. p. 6. At the hearing, Dr. Giles testified that his professional opinion was that Golub suffered from a "psychotic illness," basing that opinion on multiple interviews with Golub and Golub's family and a review of medical records from past admissions. Tr. p. 8. Moreover, Dr. Giles unequivocally stated that "the correct diagnosis is Bi-Polar [sic] Disorder with Psychotic Symptoms." Id. p. 9. Although Dr. Giles testified that he did not observe psychotic symptoms during Golub's April 2004 hospitalization, that lack of symptoms did not cause him to change his diagnosis. The trial court's conclusion that Golub suffers from "Bipolar Disorder, Psychotic," was therefore based on sufficient evidence from a medical expert familiar with Golub's case, and we deny his request to strike the word "Psychotic" from the commitment order.

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