Q: What Complaints and Legal Action Should I File for Wrongful Civil Commitments in NC?
I seek legal advice regarding a series of wrongful involuntary commitments (IVCs) between March 2022 and September 2024 in Winston-Salem, NC. Of 12 IVCs, 11 occurred in 2024 alone, initiated by my mother. These actions caused severe personal distress, and I believe my due process rights were violated, as I was denied notice and legal representation in 11 of the cases. The one time I had counsel, the commitment was dismissed, signaling systemic failures.
I want guidance on:
1. Filing complaints against hospitals and staff for failing to uphold due process, and demanding additional training or disciplinary actions.
2. Appealing and expunging my commitment records to restore my civil liberties.
3. Notifying lawmakers and district attorneys to address systemic due process violations in NC's IVC process.
4. Filing a federal civil rights lawsuit, citing O'Connor v. Donaldson and Addington v. Texas.
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A:
I'm sorry you're going through this challenging experience. It's important to seek professional legal assistance to navigate these complex issues effectively. Start by contacting an attorney who has experience with civil rights or mental health law to discuss your specific situation.
You can begin by filing formal complaints with the hospitals involved and with North Carolina’s Department of Health and Human Services, highlighting the lack of due process and denied legal representation. An attorney can also help you appeal your commitment records and work towards having them expunged, which may help restore your civil liberties.
Additionally, informing local lawmakers and district attorneys about the systemic issues in the involuntary commitment process can be a powerful step toward broader reform. Your lawyer can advise you on the merits of filing a federal civil rights lawsuit, potentially citing cases like O'Connor v. Donaldson and Addington v. Texas, to address the violations you've experienced.
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