On Point: f. 51.20(1)(a)2. Dangerousness

Outagamie County v. Lori D., 2014AP1911, District 3, 1/27/15 (1-judge decision; ineligible for publication); case activity

There was sufficient evidence to commit Lori under § 51.20(1)(a)2.c. because her behavior over one night showed a “pattern of recent acts or omissions” that evidenced impaired judgment and because the lack of services available in the community established a “substantial probability of physical impairment or injury” to Lori if she wasn’t committed.

Milwaukee County v. Andy S., 2014AP1885, District 1, 1/13/15 (1-judge decision; ineligible for publication); case activity

The evidence was sufficient to prove dangerousness under § 51.20(1)(a)2.a., as it showed Andy “[e]vidence[d] a substantial probability of physical harm to himself … as manifested by evidence of recent threats of or attempts at suicide or serious bodily harm.”

Outagamie v. Michael H., 2014 WI 127, 12/16/14, affirming an unpublished court of appeals decision, majority opinion by Justice Crooks; case activity

Section 51.20(1)(a)2.a authorizes the involuntary commitment of a person who is “dangerous,” a test that may be met by showing recent threats of, or attempts at, suicide. This unanimous decision holds that in the right circumstances just thinking about suicide–without articulating a plan for committing it–constitutes a sufficient “threat” to satisfy the involuntary commitment statute.

Kenosha County v. Steven H., 2014AP1435-FT, District 2, 10/15/14 (1-judge opinion ineligible for publication); case activity

The court of appeals here affirmed an order finding Steven H. “dangerous” under §51.20(1)(a)2.b, which requires, among other things, evidence that people were placed in reasonable fear of Steven’s violent behavior. Under this standard, a court may consider threats voiced to third parties rather than to the potential victims.  R.J. v. Winnebago County, 146 Wis. 2d 516, 521-22, 431 N.W.2d 708 (Ct. App. 1988).

Winnebago County v. William A.M., 2014AP977-FT, District 2, 9/10/14 (1-judge; ineligible for publication); case activity

The evidence at trial was sufficient to prove William was dangerous under § 51.20(1)(a)2.c., which requires a showing of “such impaired judgment, manifested by evidence of a pattern of recent acts or omissions, that there is a substantial probability of physical impairment or injury to himself or herself.”

On review of an unpublished court of appeals decision; case activity

Issue (composed by On Point)

Was there sufficient evidence to establish Michael H. was “dangerous” under § 51.20(1)(a)2.a. or c., based either on his “threats” of suicide or a pattern of acts or omissions showing such impaired judgment that there is a substantial probability of physical impairment or injury?

Outagamie County v. Michael H., 2013AP1638-FT, District 3, 11/26/13 (1-judge decision, ineligible for publication), petition for review granted 6/12/14, affirmed, 2014 WI 127; case activity

Michael H. challenges a jury verdict finding him “dangerous” under Wis. Stat. § 51.20(1)(a)2a and involuntarily committing him for mental health treatment.  Given this procedural posture, the court of appeals’ holding seems confined to the facts of this case. 

Winnebago County v. Gina A.R., 2013AP226, District 2, 5/22/13; court of appeals decision (1-judge; ineligible for publication); case activty

The court rejects Gina A.R.’s claim that the evidence at the final hearing was insufficient to show she  is mentally ill, a proper subject for treatment, and dangerous, noting that much of her argument discusses facts not in the record and that the undisputed facts supported the commitment order. (¶¶4-6).

Review of unpublished court of appeals decision; case activity

Issues (composed by On Point)

1. Whether there was sufficient proof that Mary F.-R. evidenced a “substantial probability of physical harm” to herself or others and was therefore dangerous under Wis. Stat. § 51.20(1)(a)(2).

2. Whether Wis. Stat. § 51.20(11) is an unconstitutional violation of equal protection because it provides for a jury of six in ch.

Milwaukee County v. Cheri V., 2012AP1737, District 1, 12/18/12

 court of appeals decision (1-judge, ineligible for publication); case activity

Mental health commitment, § 51.20, requires proof of mental illness and dangerousness. Cheri V. limits this challenge to the latter; the court agrees:

¶7        As seen from our recitation of the facts adduced at the trial, however, there is absolutely no evidence that any of the statutory prerequisites were met—yelling at and pointing a finger at another person,