Police, Health Officials Justify Strip Search, Arrest & Detention of Disabled Man in Mental Health Facility Based on Slurred Speech, Unsteady Gait

Posted: February 27, 2015 in Uncategorized
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HARRISONBURG, Va. — Attorneys for The Rutherford Institute have asked a federal court to reject a request by health officials to dismiss a Fourth Amendment lawsuit filed on behalf of a 37-year-old disabled man who was wrongfully arrested, strip searched, handcuffed to a table, diagnosed as having “mental health issues,” apparently because of his slurred speech and unsteady gait, and subsequently locked up for five days in a mental health facility against his will and with no access to family and friends.

In asking the U.S. District Court for the Western District of Virginia to reject a motion to dismiss filed by the Valley Community Services Board (VCSB) and one of its mental health screeners, Rutherford Institute attorneys argue that the screener violated clearly established law protecting citizens from unjustified mental health seizures when she allegedly recommended that Gordon Goines, a resident of Waynesboro who suffers from a neurological condition similar to multiple sclerosis, be committed as mentally ill and dangerous. A subsequent hearing showed that Goines has no mental illness and should not have been confined. The lawsuit alleges that the VCSB should be held responsible and liable for the deprivation of Goines’ Fourth and Fourteenth Amendment rights because it allows unqualified persons to make mental health examinations.

The Institute’s complaint in Gordon Goines v. David Shaw et al., is available at www.rutherford.org.

A Government of Wolves book cover“By giving government officials the power to declare individuals mentally ill and detain them against their will without first ensuring that they are actually trained to identify such illness, the government has opened the door to a system in which involuntary detentions can be used to make people disappear,” said John W. Whitehead, president of The Rutherford Institute and author of the award-winning book A Government of Wolves: The Emerging American Police State. “Indeed, government officials in the Cold War-era Soviet Union often used psychiatric hospitals as prisons in order to isolate political prisoners from the rest of society, discredit their ideas, and break them physically and mentally.”

Gordon Goines resides in Waynesboro and suffers from cerebellar ataxia, a neurological condition similar to multiple or amyotrophic lateral sclerosis, or Lou Gehrigs disease. As a result, Goines has difficulty at times with his balance, causing him to walk unsteadily, speaks slowly and with a slur and has problems with fine motor skills. Goines has no cognitive impairment, is of above-average intelligence, and acutely aware of what is happening around him. The complaint alleges that on May 15, 2014, Goines was having problems with his cable television reception, including disconnections and extremely loud line noise and signals, and called the cable company for assistance. A technician determined that a neighbor had spliced into Goines cable and recommended Goines contact police about the theft. Goines walked across the street to the Waynesboro Police Dept. and reported the theft to one officer, who called on two other officers to follow Goines home and investigate his complaint. However, the first officer reported that Goines was having “mental health issues.” The officers then proceeded to question Goines about his “mental health issues”; Goines told them he did not have any mental health problems. The officers then asked Goines if he wanted to go talk to someone; believing they meant about the cable theft, Goines told them he did. The officers then handcuffed him and transported Goines, who pleaded to be taken home, to Augusta County Medical Center. After he arrived, he was examined by an employee of VCSB who concluded that Goines suffered from a psychotic condition and a petition for Goines’ involuntary detention was filed as a result. According to the complaint filed by The Rutherford Institute, the VCSB screener was not a licensed medical professional, clinical psychologist or social worker and so lacked the required training to diagnose mental disorders. The petition was granted and Goines was committed to Crossroads Mental Health Center and held against his will and without access to family and friends until May 20, 2014, when a subsequent hearing found that Goines had no mental illness and should not be confined. Affiliate attorney Timothy Coffield is assisting The Rutherford Institute in its defense of Goines.

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