First of all, I want to make it clear I am not on here to argue with anyone. I am also not feeling the need to prove anything. I simply came across your site, when I did A search for my recent court case, regarding the 922(g)(4) prohibition, which was based upon NO due process, and even LESS logic, when the facts of my statements, and Dr. Pluto's half-arsed actions/words are factored into the equation, AND reviewed by a Reasonable person. I saw my case is being discussed here, and wanted to add a comment or two.
Also, to correct the record a bit, if I remember correctly, I was barely held for 12 hours, though i'd have to look over records to be sure. Also, even the Dr. at the holding facility questioned why I was there, to me, during an intake interview, though that is not in the record.
As another note, I also have had to take the MMPI2 during the course of my fight, and even the Psychologist questioned why I was ever placed into a Mental Health Facility, this being after hearing what happened, AND reading the corresponding documents so she knew the details as well.
Had "Dr." (term used loosely imho) Pluto, not constantly asked me questions, then run out of the room even before I had the chance to complete an answer, perhaps her ignorant decision as to 302'ing me wouldnot have occurred. Her constant leaving, then asking, then leaving during my trying to answer, coupled with her almost complete lack of attentiveness to anything occurring or being said to her, was part of the MAIN ISSUE, which resulted in my ending up in an Ambulance, and on my way to a frikken Inpatient setting. The same inpatient hospital, from which I was released, the next day, and in my best recollection, around 12 hrs approximate time, or less. However, again, it was such a small amount of time, that 24 hrs is sufficient to still state that I was NOT "adjusicated," not "committed," in any legal sense.
Also, to note, the Honorable Kim Gibson did not argue as to whether the hospital met the definition of a mental health facility, but rather that I was NOT Committed, not Adjudicated a Mental Defective by anyone meeting the criteria of a Court, Board, or Other Authority, which would allow for Lawful Prohibition, continually, for an order clearly intending to diagnose, and screen, for serious mental health conditions, which I certainly did not have. I explained this to Dr. Pluto, and the "Officer," numerous times, as to what had ACTUALLY occurred, and that I SPECIFICALLY had NO Suicidal Ideations, nor desire to harm others. Neither would listen.
Further, because PA would only grant me a State Relief, and the U.S. would not be bound by such State Relief, because the PA Judges cannot grant a True "Expungement," coupled with the fact that PA's Plan to allow a path of Relief which met the Federal Government's criteria was NOT accepted by the U.S. Government, met I was literally stuck in a Limbo, or Catch 22 state, where the Prohibiting State granted relief from prohibition, yet the Government refused to acknowledge said "Relief," and then I was supposed to be indefinitely Prohibited because of no path to TRUE RELIEF existing.
In the end, this is where we are, and now I await possible next steps, by whomever, on behalf of the Government. If PA would have amended their Plan, and met the federal criteria, I could have accomplished this relief through it. If PA allowed Judges whom can grant state relief, to also grant True Expungements, I could have accomplished obtaining true Relief through that means. Or, if the Federal Government acknowledged the logic that the Original Prohibiting Agency, once determining Prohibitions are not applicable, should not then continue to affect said Rights, via Prohibition, I could also have obtained Relief through that path.
I just felt the need to briefly comment here, after my search turned up this, and a few more places where my case is being mentioned. I hope it helps others whom find themselves in a similar situaiton. Though this is not binding on other circuits, or venues, it certainly does have broader applications, and certainly uses as Grounds for certain actions/claims.
Have a good evening...
I edited to add stuff I forgot to, and correct typing errors...it happens.
Edited by NotCommittedOrAdjudicated, 25 December 2017 - 07:16 PM.