State v. E. D.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Commitment
  • Date Filed: 07-02-2014
  • Case #: A150322
  • Judge(s)/Court Below: Ortega, P.J. for the Court,; DeVore, J.; and Garrett, J.
  • Full Text Opinion

Under ORS 426.005(1)(e), in order to justify an involuntary civil commitment, the state must prove by clear and convincing evidence that a person has a mental disorder and that, because of that disorder, the person is a danger to self, a danger to others, or unable to meet his basic needs.

Appellant challenged a judgment of involuntary civil commitment, arguing that the State did not meet its burden of proving by clear and convincing evidence that, because of his mental illness, he was a danger to himself or others. The record lacked clear and convincing evidence that appellant was a danger to himself or others. Appellant did not have a history of violent acts in his past. Appellant had one incident of fighting with another mental health client; however, this was an isolated act of violence that was not sufficient to establish appellant as an ongoing danger to others. Reversed.

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