Q: Civil Rights Violations in Multiple Involuntary Commitments
I seek guidance on addressing civil rights violations from 12 involuntary civil commitments (IVCs) in North Carolina, 10 within five months. In 11 cases, I was denied proper notice and legal representation, violating N.C. Gen. Stat. § 122C-264(a) and § 122C-268(d). The one time I had counsel, my case was dismissed. These IVCs appear to violate due process rights, lack clear evidence, and fail to consider alternatives.
I aim to pursue civil rights violation claims, dismiss current IVC orders, appeal previous decisions, expunge records, and prevent future IVCs.
Please advise on strategies to address these violations, dismissal and appeals processes, expungement requirements, preventive measures, and recommend specialized attorneys or advocacy groups.
Your expertise is crucial in navigating this complex situation and protecting my rights. Thank you for your consideration.
A:
I'm sorry you're experiencing this challenging situation. Start by collecting all documents and records related to each involuntary civil commitment. This evidence will be essential when consulting with an attorney who has experience in mental health and civil rights cases.
To pursue your goals, work with your lawyer to file claims for civil rights violations and seek dismissal of the current IVC orders. They can also help you appeal previous decisions and guide you through the expungement process, ensuring all necessary paperwork is correctly submitted to the courts.
For preventive measures, educate yourself about your rights under North Carolina law and consider building a support network. Connecting with advocacy groups focused on mental health and civil liberties can provide additional resources and assistance. Taking these steps with professional guidance will help protect your rights and address the violations you've faced.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.