Skip to main content

What constitutes false imprisionment under Article 9 of the Mental Hygiene law?

Rye, NY |

If you are involuntarily hospitalized to begin with by a community designee and request to leave the hospital by 72hr notice, then your psychiatrist knowingly makes up false documentation, provides false testimony and falsifies documents in order to obtain a court order to hold you longer and you have proof through not only your own personal representation who caught the doctor in lies, ( hence the court hearing transcript) the medical records which contradict the verified petition and what the doctor said in the Treatment over objection hearing and the verified petition which the doctor swore to and was contradicted by the testimony and medical records. Now all of this led to a court order by a judge which led to being forcibly medicated and being held against my will.

Attorney Answers 1


First, the officials acting on Article 9 act with qualified immunity. This means that you would have to show gross negligence to be able to prevail. This would have to amount to extreme and outrageous behavior to be actionable. You don't really provide any facts for us to consider. Rather, you offer conclusions and accusations. You say you were held against your will. Well, that is really what Article 9 provides for. Based on the scant facts you provide, it does not appear that you have a case with respect to false imorisonment.

I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not legal advice. These opinions are based on New York practice. We have no attorney-client relationship. conducting a conversation with me through the avvo comments section does not create an attorney-client relationship. I may be contacted at 212-553-9300.

Mark as helpful

1 lawyer agrees

1 comment



hmmm... Let me give an actual example on how ridiculous this case is. In the hospitals verified petition it stated ( literally)" The Patient suffers from the mental illness of bipolar disorder, borderline personality disorder, Eating disorder, alcohol abuse and anxiolytic dependence." In the psychiatry discharge summary, dated " " and written by " psych dr" it states discharge diagnosis: Axis I Schizoaffective Disorder, Principal Diagnosis Yes, Non Compliance: Principal Diagnosis NO . Axis II Personality Disorder and Mental Retardation: - Borderline Personality Disorder, Principal Diagnosis No. On " Insert Date " after being sworn in at Treatment over objection hearing the psych dr that treated me stated their were medical records to corroborate the diagnosis in the verified petition. To further drive my point home, the day the TOO was granted the social worker put a note into my chart titled psychiatric comprehensive treatment plan Principal Diagnosis Major Depression without psychotic features. Now this is one example without the proof of perjury from the court hearing transcript which I have. To comment on gross negligence obtaining a court order to forcibly medicate someone by means of false documentation, perjury and false testimony doesn't rise to gross negligence. The fact that I was forced to take medication and if I didn't I was going to be held down and injected with it is not grossly negligent.

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics