Multnomah County’s commitment court ruled at the end of 2006 that an
allegedly mentally ill woman should be locked in a psychiatric
hospital, because it would be safer than wandering the streets like
James Chasse—where the person risked being “beaten to death” by
cops, according to the judge.
The Oregon State Appeals Court overturned the woman’s involuntary
commitment last Wednesday, March 12—and, in the process, revealed
the judge’s statements—saying Judge Lewis B. Lawrence was wrong
to draw the conclusion that the woman “was a danger to herself because
some officer, at some unknown point in the future, might kill or harm
her.”
The woman, who was not named under commitment statutes designed to
protect her confidentiality, had fought with police when she was
originally taken into custody on a mental health hold.
Referring to this, the commitment court took “absolute judicial
notice” of the fact that “fighting with police… is certainly
something that puts mentally ill people at risk of death or serious
physical injury,” according to the appeals court verdict.
“The court commented on the then-recent death of James Chasse,
stating that Chasse, an unarmed mentally ill person, ‘was confronted by
police, and he was beaten to death,'” the appeals court verdict
continues.
Significantly, the commitment court took “absolute judicial notice”
of Chasse’s having been “beaten to death.” In legal terms, a judge is
only supposed to take judicial notice of a fact when it is obvious and
undisputed.
Chasse, a schizophrenic, died following an altercation with police
officers and sheriff’s deputies on the corner of NW 13th and Everett on
September 17, 2006, though the exact circumstances of his death are
mysterious. His family is continuing to pursue a lawsuit against the
City of Portland, Multnomah County, and the ambulance firm American
Medical Response, who cleared Chasse for transport to jail.
Commitment verdicts are sealed from public scrutiny once they are
made, unless they are overturned at appeal. However, the appeals court
has overturned 23 commitments in Multnomah County since December 2006,
either because the commitment court had insufficient evidence to commit
the person, or because procedures weren’t followed.
In one case, a commitment was overturned because it was held “in the
hallway of a hospital while appellant was naked in a hospital room, in
the midst of a medical crisis, and unable to hear or participate
meaningfully in the entire proceeding,” according to the appeals court
verdict.
Usually, a person is ruled a danger to themselves or others because
of, for example, repeated suicide attempts, thinking bleach is a magic
drink sent from heaven, carrying a knife around and believing they are
on a divine quest, or believing they are impervious to gunfire.
Simply having a tendency to fight with police isn’t sufficient, says
the appeals court, no matter how dangerous a judge may believe the
police to be.