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  1. #1
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    Default How to Dismiss a False Psychiatric Diagnosis on Due Process Grounds

    My question involves civil rights in the State of: Ohio.

    Is it possible to get a false psychiatric diagnosis expunged from my record on due process grounds? I was forced into a mental institution as a domestic violence victim in order to discredit me. From all I can tell, I was deprived due process through the course of getting the initial court order (there was no hearing, or mental evaluation before the order was granted). Further, I was deprived due process prior to the probable cause hearing at the hospital (threatened with retaliation if I contested the commital, was provided a lawyer that gave me fraudulent advice, told that the judge would rule against me by default, unlawfully threatened with homelessness if I won).

    I want the record expunged. I can prove the basis for the diagnosis false.

    Is this a matter of suing under 42 U.S.C. 1983 for a due process breach, citing all the ways in which I was deprived due process in the complaint, and then asking for expungement of the record in my prayer for relief section?

    Let me know what the legal course of action would be. I've read cases with people petitioning for expungement alleging a breach of 42 USC 1983...

  2. #2
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    Default Re: How to Dismiss a False Psychiatric Diagnosis on Due Process Grounds

    You don't make the process entirely clear, but what you appear to be stating is that you were the subject of a petition for involuntary mental health care and that, rather than fighting the petition, you chose to consent to the care.

    If once hospitalized, a doctor assessed you and made a diagnosis that you believe is incorrect, that's not a civil rights issue. If you disagree with a diagnosis, exercise your rights for correction or addition of a comment under HIPAA.

  3. #3
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    Default Re: How to Dismiss a False Psychiatric Diagnosis on Due Process Grounds

    Quote Quoting Mr. Knowitall
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    You don't make the process entirely clear, but what you appear to be stating is that you were the subject of a petition for involuntary mental health care and that, rather than fighting the petition, you chose to consent to the care.

    If once hospitalized, a doctor assessed you and made a diagnosis that you believe is incorrect, that's not a civil rights issue. If you disagree with a diagnosis, exercise your rights for correction or addition of a comment under HIPAA.
    That was not what I was saying at all. I did not say I 'consented' to care. I said I was forced to not contest the committal at the hearing through extortion and bad advice (fraud). And the Dr. did commit a civil rights breach -- he deprived me of a liberty right (reputation) without due process.

    I made my domestic violence allegations at the mental hospital. They rolled their eyes at everything I said and treated my allegations like they were false when they were true. After being physically separated from my evidence, and having hospital staff maliciously gloat about the fact that I did not have access to my evidence to prove my claims, they tried to turn it into a he said she said, and sided with the batterer, and claimed I had delusions that I was being victimized. I emailed a whole bunch of evidence to the DOJ afterwards proving the diagnosis false. There was nothing medical about the process and this physician needs to be barred from practicing medicine.

    I even said to the hospital staff that I had evidence including audio and video of me being abused, and said that I could prove my allegations, if only I had access to my evidence. The hospital staff when presented with such a statement could have only erred and commit malpractice by not immediately inquiring into that. They also threatened to destroy the evidence by innuendo, which put a gun to my head. I had to cooperate, get out of the hospital, then retrieve my evidence on my own, then quickly report the abduction.

    If someone puts a gun to your head and tells you to plead guilty, then you kinda have to cooperate. And no, that doesn't mean that forever more you have to carry the stigma. You cooperate, then immediately report what happened to the authorities as soon as you free yourself from the restraint.

    And see the case description below on a 42 USC 1983 motion to contest the dianosis: HIPAA is not the only recourse I have.



    The following is a summary of Demarco v. Sadiker, 897 F. Supp. 693 (E.D.N.Y. 1995):

    "This is 1983 lawsuit for damages and expungement of the patient's hospital record. The District Court granted summary judgment to some of the defendants on qualified immunity grounds but kept the action alive against the defendant-physician that initially authorized the plaintiff's confinement.

    The court first concluded that the allegation that the plaintiff was confined when he did not pose a danger to himself or others stated a substantive due process claim because the Constitution prohibits the confinement of a nondangerous mentally ill person. The court refused to dismiss the action on qualified immunity grounds against this physician because the plaintiff alleged that the doctor authorized his commitment without conducting a psychiatric evaluation and if the doctor engaged in such conduct any assessment of dangerousness would not have been objectively reasonable.

    After limited discovery, the remaining defendant physician again moved for summary judgment and the plaintiff cross-moved for partial summary judgment. Subsequently, the plaintiff further moved to reargue a claim for expungement of his hospital record that the court initially dismissed on the grounds that it had no authority to order the expungment of a patient’s hospital record. The court denied both the defendant’s and plaintiff’s motion for summary judgment but reinstated the expungement claim, finding that it erred when it initially dismissed the claim.

    Within the last year, the clinic settled the case against one of the defendants after the Second Circuit reversed a decision that granted summary judgment against the defendant and reinstated the lawsuit against the defendant."



    More at: http://psychrights.org/research/nypainvol.htm

  4. #4
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    Default Re: How to Dismiss a False Psychiatric Diagnosis on Due Process Grounds

    When you described your situation to a local attorney and showed him all your evidence, what did he say?

  5. #5
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    Default Re: How to Dismiss a False Psychiatric Diagnosis on Due Process Grounds

    That's the problem. The FBI and police were behind the domestic violence situation. The FBI and police are also telling every attorney in town not to take my case. I thus have to pro se litigate, and present enough evidence (which I have) to prove that you'd need to be an idiot to think nothing is going on. I also gotta keep good tabs on the judges conduct.

    Given what I've seen, I can't even trust an attorney to take my case, then risk him taking orders from the FBI to run it into the ground. That's what they did at the mental hospital (among other things). I was gun ho ready to fight, and then some attorney showed up and I just groaned. He did exactly as I feared -- pretended to be helping me but was really working for the enemy. He picked up the reigns, took control out of my hands, and then ran the ship into the ground.

  6. #6
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    Default Re: How to Dismiss a False Psychiatric Diagnosis on Due Process Grounds

    So go see an attorney in another town clear across the state.

    It is highly improbable, bordering on impossible, that local and federal law enforcement would be going to these lengths to pin a DV charge on someone who is in the greater scheme of things a nobody.

  7. #7
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    Default Re: How to Dismiss a False Psychiatric Diagnosis on Due Process Grounds

    Quote Quoting Endofdays
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    That was not what I was saying at all. I did not say I 'consented' to care. I said I was forced to not contest the committal at the hearing through extortion and bad advice (fraud).
    You were given the opportunity to contest hospitalization and you signed a form waiving your rights and agreeing to be hospitalized. You insist that you were mentally competent, so you get to live with the consequences of that decision.
    Quote Quoting Endofdays
    And the Dr. did commit a civil rights breach -- he deprived me of a liberty right (reputation) without due process.
    That is incorrect on two fronts. First, you agreed to the hospitalization and treatment. Second, in administering that subsequent treatment, the doctor is not a state agent.
    Quote Quoting Endofdays
    The following is a summary of Demarco v. Sadiker, 897 F. Supp. 693 (E.D.N.Y. 1995)
    You need to actually read the case. In that case, the plaintiff refused consent and was involuntarily hospitalized -- hence, state action. The plaintiff was objecting to the medical diagnosis used in association with involuntary commitment proceedings. The plaintiff also did not win on that issue -- the court merely noted that it would be among the possible remedies that a court might order if it found that the defendant doctor had in fact acted improperly.

    In your case, whether or not you want to admit it, and no matter how much you regret that decision or believe you would have made a different decision had you received better counsel, you consented to the hospitalization.
    Quote Quoting Endofdays
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    That's the problem. The FBI and police were behind the domestic violence situation.
    That could be the explanation of why you can't find a lawyer who is willing to take your case. Not because they believe you, but because in 100% of cases they will have previously encountered in which a prospective client speaks of such a conspiracy, the conspiracy is born of the prospective client's delusions. They will also know that neither the police nor the FBI have ever contacted them about you, or uttered so much as a peep about representing you.

    You might be the one case in history that is an exception, but you're going to be fighting against that reality.

  8. #8
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    Default Re: How to Dismiss a False Psychiatric Diagnosis on Due Process Grounds

    I did not consent to my hospitalization. Plain and simple. I protested when the police brought me. I protested at the hospital. I said -- I do not want psychiatric services right when they asked me to sign a waiver on damaged or lost property. It says on my discharge papers: "pt disagrees with diagnosis." There was no consent. They unlawfully threatened me with homelessness if I did not cooperate with them. That is not consent. Threatening to destroy evidence of my victimization is not consent. Telling me that the judge will rule against me by default is not consent. All these threats amount to unlawful extortion.

    As for the counsel issue -- there is a right to effective counsel under the due process clause. This was violated by the attorney. If the attorney gives advice that is so bad as to deprive of effective counsel (and this was), then this right is violated and is cause for contesting the charge.

    And I'm reporting you to the DOJ for harassment. Your statements amount to tampering with a crime victim, and are intended to delay the reporting of the offense to a federal judge. This act of obstruction, in this context, also renders you liable for complicity in a sex trafficking offense. Reported. Deleting this post constitutes destruction of evidence of a victim tampering offense.

    If I say they made all those threats, you kinda have to assume them to be true. And any idiot knows it they made all those threats there is no consent.

    And I presented clear evidence that HIPAA was not the only remedy. A 1983 due process was available. You seem to be working for the hospital. Trust me there was no consent. Even the Dr. admitted on the discharge papers I disagreed with the diagnosis.

    Quote Quoting free9man
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    So go see an attorney in another town clear across the state.

    It is highly improbable, bordering on impossible, that local and federal law enforcement would be going to these lengths to pin a DV charge on someone who is in the greater scheme of things a nobody.
    Not true. My legal cause of action is huge. They're trying to protect themselves from a major lawsuit.

    Quote Quoting Mr. Knowitall
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    That could be the explanation of why you can't find a lawyer who is willing to take your case. Not because they believe you, but because in 100% of cases they will have previously encountered in which a prospective client speaks of such a conspiracy, the conspiracy is born of the prospective client's delusions. They will also know that neither the police nor the FBI have ever contacted them about you, or uttered so much as a peep about representing you.

    You might be the one case in history that is an exception, but you're going to be fighting against that reality.
    I have the evidence to prove conspiracy. Just like I provided right up there that you gave me fraudulent advice by acting as though there was no 42 U.S.C. 1983 remedy.


    Do you actually think putting a gun to someone's head and getting them to sign a contract makes it valid? Cause I'll tell you, if you do you're obviously not representing the law accurately, which again, makes you guilty of fraudulent misrepresentation and tampering. There was a contract I signed about 2/3 into my time there. This contract actually needed to be signed at admission, not after they groomed me for weeks on a whole bunch of extortion threats. I protested every step of the way. But they continued to make the threats and overcame my resistance. They had the attorney -- working for them, not me -- sit there and badger me for like 20 minutes straight with the contract, while I kept refusing and refusing over and over again. It was so gratuitously forced it wasn't even funny. And this was my effective counsel? More like, their effective counsel (again rendering all all invalid anyway). All the while they flashed the word "homeless" at me (which was written on the for as my housing status) to re-iterate the threat of unlawful homelessness. They said, if you want to be discharged you'll be discharged to the homeless shelter (living in dumpster homeless). If I signed I could get housing through the disability system, and eventually be discharged, and then collect my evidence (without it being destroyed) report the entire act of extortion and fight it. Traffickers often coerce their victims into signing contracts, as if their signature actually means something, even though their holding a gun to their head. Nice try guy. But you're guilty of a major felony with the advice your provided here.

  9. #9
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    Default Re: How to Dismiss a False Psychiatric Diagnosis on Due Process Grounds

    You can whinge from now until the end of time that you did not consent to your hospitalization -- but you have already told us that you chose not to contest your hospitalization. Like it or not, that means you did consent to hospitalization. The facts are what they are.

    You are free to believe that you have a massive cause of action that could return a fortune in damages, but that no attorney on the planet is willing to take the case because the FBI and your local police have contacted every lawyer on the planet and intimidated them out of doing so. I mean, there are lawyers who regularly sue the FBI and there will be lawyers who have sued your local police department, but... you aren't at all concerned with facts, so why should that matter.

  10. #10
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    Default Re: How to Dismiss a False Psychiatric Diagnosis on Due Process Grounds

    Quote Quoting Endofdays
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    I did not consent to my hospitalization. Plain and simple. I protested when the police brought me. I protested at the hospital. I said -- I do not want psychiatric services right when they asked me to sign a waiver on damaged or lost property. It says on my discharge papers: "pt disagrees with diagnosis." There was no consent. They unlawfully threatened me with homelessness if I did not cooperate with them. That is not consent. Threatening to destroy evidence of my victimization is not consent. Telling me that the judge will rule against me by default is not consent. All these threats amount to unlawful extortion.

    As for the counsel issue -- there is a right to effective counsel under the due process clause. This was violated by the attorney. If the attorney gives advice that is so bad as to deprive of effective counsel (and this was), then this right is violated and is cause for contesting the charge.

    And I'm reporting you to the DOJ for harassment. Your statements amount to tampering with a crime victim, and are intended to delay the reporting of the offense to a federal judge. This act of obstruction, in this context, also renders you liable for complicity in a sex trafficking offense. Reported. Deleting this post constitutes destruction of evidence of a victim tampering offense.


    If I say they made all those threats, you kinda have to assume them to be true. And any idiot knows it they made all those threats there is no consent.

    And I presented clear evidence that HIPAA was not the only remedy. A 1983 due process was available. You seem to be working for the hospital. Trust me there was no consent. Even the Dr. admitted on the discharge papers I disagreed with the diagnosis.



    Not true. My legal cause of action is huge. They're trying to protect themselves from a major lawsuit.



    I have the evidence to prove conspiracy. Just like I provided right up there that you gave me fraudulent advice by acting as though there was no 42 U.S.C. 1983 remedy.


    Do you actually think putting a gun to someone's head and getting them to sign a contract makes it valid? Cause I'll tell you, if you do you're obviously not representing the law accurately, which again, makes you guilty of fraudulent misrepresentation and tampering. There was a contract I signed about 2/3 into my time there. This contract actually needed to be signed at admission, not after they groomed me for weeks on a whole bunch of extortion threats. I protested every step of the way. But they continued to make the threats and overcame my resistance. They had the attorney -- working for them, not me -- sit there and badger me for like 20 minutes straight with the contract, while I kept refusing and refusing over and over again. It was so gratuitously forced it wasn't even funny. And this was my effective counsel? More like, their effective counsel (again rendering all all invalid anyway). All the while they flashed the word "homeless" at me (which was written on the for as my housing status) to re-iterate the threat of unlawful homelessness. They said, if you want to be discharged you'll be discharged to the homeless shelter (living in dumpster homeless). If I signed I could get housing through the disability system, and eventually be discharged, and then collect my evidence (without it being destroyed) report the entire act of extortion and fight it. Traffickers often coerce their victims into signing contracts, as if their signature actually means something, even though their holding a gun to their head. Nice try guy. But you're guilty of a major felony with the advice your provided here.
    You didn't specify who you plan to report to the DoJ, but I can tell you this with the utmost certainty: to try to report ANYONE on this forum to the DoJ would simply reinforce the opinion that you are delusional and need psychiatric treatment.

    I say this with all kindness: you need to be talking to your psychiatrist about all of this. You do not need the help of a legal advice forum, you need behavioral health assistance. I wish you the best of luck.

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