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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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When my I was 302ed my I was drunk and fighting with my wife.

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When my I was 302'ed my I was drunk and fighting with my wife. I was in the car with my buisness partner and we were talking about the fight. I told him I was "done" (with my wife) and asked him to pull over. He pulled over to the side of the road, the car almost completely stopped and I got out. He reported that I was suicidal. After the incident we talked and he apologize because he misunderstood and testified that he, in so many words was mistaken. They told him he was purgering himself and said that they had to go by what he said in the report. I also must have ticked off someone in the hospital when I was drunk. They interviewed me 2x's, at both I told them that I did not want to harm myself. The doctor wrote down that I wanted to die and jump off a bridge (something like that, not sure exactly) which closed the deal. I also told the doctors at Horsham Clinic that I did not want to harm myself...they did not believe me and also said they would have to go with what the reports said. This came together on day 5, the day of my hearing where I was then 303'd. They kept me for 18 days...diagnosis -depresssion, suecide, marijuana and alcohol abuse then later added anxiety. I have been seeing a therapist for 8 months about anxiety and stress management and have been addressing alcohol use too. It's was simply frustrating (to put it very lightly) to be ordered to stay in a hospital where they monitered and treated me for 2 things, depression and suicide, both of which are not issues for me. The whole thing was so stressful (again to put it lightly) that I've been spending most of my time trying to deal with the be just sucked...the most stressful thing I've been through in my life. Let me know if I can provide you or if you need more and thatnk you for your last/quick response. Thanks again. Anthony
Hello friend,

My apologies for the wait, as I was offline when you asked the question.

I am sorry to hear more about this matter. What exactly are you asking - if you have a case to sue any parties?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

That is correct.


Thanks in Advance,


Customer: replied 3 years ago.

...and I am fulfilling my 303 obligations. I was released and agreed to do up to and not to be over 90 days of I.O.P. therapy (they scheduled me for 8-10 group sessions only) and to see a psychiatrist, I guess to make sure the medications they gave me were correct and that I am taking them. My group therapist informed me this past Thursday that I could not be 302’ed if I was intoxicated. He used to be the head of mental health at St. Joe’s in MD…I am assuming that he knows what he is talking about. I will ask him more this coming Monday at my next scheduled meeting.


Thanks Again,


You are very welcome.

You may have a case, but understand that you have to overcome the presumption that the doctors entered the correct record and heard you state that you were a risk to yourselves and/or others, and that your friend's affidavit was correct.

If so, you may have a case for false imprisonment. The elements of false imprisonment are (1) the detention of another person, and (2) the unlawfulness of such detention Fagan v. Pittsburgh Terminal Coal Corporation, 299 Pa. 109, 149 A. 159 (1930). In addition, the physicians may be liable for malpractice. However, I would not recommend going at this alone, of course. May I recommend the PA Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Good luck!

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