Latest news with #J.H.
Calgary Herald
03-05-2025
- Health
- Calgary Herald
Opinion: New compassionate intervention act offers better protections for individuals
In 2015, I testified in the trial of J.H. v. Alberta Health Services, regarding a man who had been involuntarily hospitalized for nine months under provisions of Alberta's Mental Health Act (MHA), but who was, as his psychiatrist also testified, 'not getting any specific treatment' for his alleged mental disorder. Article content Article content Justice Kristine Eidsvik determined that J.H. 'did not meet . . . any of the criteria' the act identifies as required for detention and that he should be freed. Eidsvik ultimately ruled that certain provisions of the MHA were unconstitutional and invalid — and her decision was upheld on appeal. Article content Article content Among the multiple legislative and procedural concerns she articulated, Eidsvik noted the vagueness of concepts such as 'harm' (as no definition of 'harm' appears in the legislation) and stated that such a key element said to justify involuntary detention needs to be clear to physicians and patients alike. The court also found that the initial month of detention had been decided based on the opinion of a physician who had assessed J.H. for a total of four minutes, that J.H. was not advised of his right to counsel, that he was not told of his right to appeal his detention and that he had been treated without his consent despite the lack of the required paperwork. Article content Article content More broadly, the court noted 'the lack of a criteria that ties detention with treatment,' which was viewed as being the purpose of the act. Article content Last week, the Alberta government introduced Bill 53, the Compassionate Intervention Act (CIA), which would permit involuntary detention and treatment of individuals 'who are likely to cause harm to themselves or to others due to severe substance use or addiction issues.' Importantly, the first substantive section of the CIA provides a definition of 'harm' — 'in the case of an adult, substantial harm to the adult or to others within a reasonable time as a result of the adult's substance use or addiction.' Article content The next section then identifies seven factors that must be part of the assessment of risk, plus a catch-all: 'any other factor related to the adult's substance use or addiction that the Compassionate Intervention Commission considers relevant.' Article content There are also provisions for determining the severity of the person's substance use or addiction. Article content Under the CIA, an application to have a person assessed must come from an adult family member, a regulated health professional or a police officer who has interacted with the person. The application is reviewed by a lawyer, who decides whether the criteria of 'harm' has been met. Article content If the person is found to be 'likely to cause harm without intervention,' then an apprehension order would follow, authorizing police to take the person to a 'compassionate intervention facility,' while also requiring police to inform the person of their right to counsel. The order permits the person to be held for up to 72 hours and for a treatment team to stabilize and assess them.
Yahoo
01-05-2025
- Yahoo
He Confronted the Boy Who Allegedly Assaulted His Daughter. The Boy Then Beat Him to Death With a Bat, Prosecutors Say
A New Jersey man died on Easter Sunday after being beaten to death with a bat, according to local authorities. Louis Serbeck, 54, died while being taken to the hospital after a fatal confrontation during which his teenage daughter was also assaulted, according to the Columbia County Prosecutor. Police have now arrested 55-year-old Eric Hannah and an unnamed 17-year-old boy on charges of homicide and weapons offenses, according to a news release from the prosecutor's office. The minor male, identified only as J.H. by prosecutors, is also facing an additional charge of aggravated assault. The confrontation stemmed from an incident that occurred one day earlier, when the minor male allegedly assaulted Serbeck's daughter, who is not named by prosecutors. In the wake of that incident, Serbeck and his daughter went to speak with Hannah on April 20, according to the release. The male teen met Serbeck at the door, and the release states that at some point the exchange between the two turned physical. "J.H. is alleged to have struck Serbeck in the head several times with a metal baseball bat," the release states. "It is further alleged that [Hannah], who was present and joined the fight, struck Serbeck in the back of the head with a metal flashlight." The release notes that J.H. "suffered facial injuries," and that he also struck Serbeck's daughter in the head with a bat. Want to keep up with the latest crime coverage? Sign up for for breaking crime news, ongoing trial coverage and details of intriguing unsolved cases. Officers with the Vineland Police Department soon arrived on the scene along with emergency medical service workers. After assessing Serbeck's injuries, EMS rushed him to the local hospital in Vineland, where he would receive a medical evacuation to Cooper Hospital in Camden, located approximately 40 miles north. However, Serbeck died en route, according to the release. A GoFundMe created in hopes of helping Serbeck's two surviving daughters pay for his funeral services has already exceeded its initial goal of $10,000. The creator of that fundraiser describes Serbeck as the "bravest, caring, outgoing, warmhearted, funny, and most protective men to be known." Read the original article on People
International Business Times
01-05-2025
- International Business Times
Louis Serbeck: New Jersey Dad Beaten to Death with Baseball Bat after Confronting Teen and His Father for Assaulting His Daughter
A bodybuilding grandfather from New Jersey was beaten to death with a metal baseball bat while trying to confront a teenage boy who had allegedly assaulted his daughter, according to police. Louis "Gus" Serbeck, 54, and his 19-year-old daughter, Brooke Serbeck, showed up at the Vineland home of a 17-year-old boy on Easter Sunday to confront him and his father about an alleged assault that had taken place the previous day, according to the Cumberland County Prosecutor's Office. The teen and his father, Eric Hannah—described as "lifelong" friends of the Serbeck family—met the angry bodybuilder at the door, where a physical altercation broke out, the police statement said. An Argument and a Brutal Murder Prosecutors said the teen, identified only as J.H., allegedly hit Serbeck in the head multiple times with a metal baseball bat. His father, Hannah, 55, then reportedly picked up a metal flashlight and hit Serbeck in the back of the head, according to officials. Prosecutors said Brooke saw her father being attacked by both the teen and his father, and was also allegedly "hit in the head" by the same teenager she had accused of assaulting her the day before. When police arrived at the scene, they found Serbeck in critical condition. The father of two and grandfather of two succumbed to his injuries while being transported to the hospital. "He literally laid his life down for his daughter," Serbeck's heartbroken brother, Christopher Serbeck, told 6 ABC Action News, holding back tears. The teenager and his father were arrested and charged with homicide and multiple weapons offenses. J.H. also faces an additional charge of aggravated assault for allegedly hitting Serbeck's daughter. Hannah was booked into the Cumberland County Jail, while his son was sent to a juvenile detention center. Prosecutors are still deciding whether J.H. will be tried as an adult. Serbeck's brother, Christopher, described him as a loving father remembered for his generosity and always being ready to help others. "He would take the shirt off his back and give it to you, just 'cause you needed it. You call him, he'll be there," he told 6 ABC Action News. Killed for Being a Protective Father Christopher told the outlet that the two families had been close friends for several years. "He went to school with my oldest brother. Known him our whole life," the grieving brother said. "No expectations of something like this happening at all." An online obituary describes Serbeck as a dedicated father and a "fierce protector" of his two daughters, Summer and Brooke. "Summer and Brooke brought out a tender, loving, compassionate side of Gus that many people never saw before," his obituary reads. "He was never happier than when he had one of his daughters in his arms sharing a big smiling cheek-to-cheek hug." The beloved father of two was also a proud grandfather to two young boys from his daughter Summer and "would be anywhere, Home Depot, Walmart, the flea market, and he'd see something he had to buy for his grandsons. He enjoyed nothing more than spoiling those boys." In recent years, Serbeck had developed a strong bond with his daughter Brooke, and the two were often seen together, always enjoying lighthearted and fun moments. "He'd call off of work to take her to get her hair or nails done, or to take her shopping because she wanted the newest sneaker. Gus was the epitome of a protecting, providing father," the post read.
Yahoo
23-04-2025
- Politics
- Yahoo
In win for landlords, appeals court strikes down eviction expungement law
Photo via Getty Images. Life just got harder for Minnesotans who want to shed the stigma — and the practical complications — of a past eviction. In a unanimous decision released Monday, a three-judge panel of the Minnesota Court of Appeals struck down a portion of a 2023 law designed to streamline the expungement process for evicted renters. Under the provision in question, judges were mandated to expunge court records of eviction proceedings in cases in which the tenant has satisfied the terms of a settlement agreement. In an opinion penned by Judge Peter Reyes, Jr., the appeals court criticized that requirement, saying that it 'removes the district court's discretion to determine whether expungement of its own records is appropriate and infringes on the judiciary's inherent power to manage its own records.' The ruling seems intended to protect the judiciary's prerogatives against the encroachment of the Legislature. '[The law] is contrary to standard court procedure, which allows the adverse party to object and the district court to decide the issue on the merits,' Reyes continued. 'In essence, [it] precludes courts from considering the underlying facts of any case, considering the arguments raised by a party opposing expungement, making findings, or determining whether granting the expungement is in the best interests of society or the individual.' The successful challenge was brought by St. Louis Park-based landlord Sela Investments, LTD, after a former tenant, identified only as 'L.H.', petitioned the Hennepin County District Court for expungement. The details of that proceeding are scant because L.H.'s records have been expunged. According to the briefs submitted to the appeals court, Sela commenced an eviction action against L.H. in December of 2023 over an unspecified violation of a lease. The following month, Sela and J.H. reached an agreement, and J.H. moved out by Jan. 31. In June 2024, J.H. filed for expungement on the grounds that the agreement had been satisfied. Less than an hour later, a district court referee granted the motion and, within a few days, J.H.'s expungement was finalized by an order from the district court judge. In a friend of the court brief, a coalition of 10 nonprofits that advocate for renters argued that the mandatory expungement provisions in the 2023 law provided vital protections from the harms that arise from having an eviction proceeding on one's record. Overturning the law could create 'grave consequences for tenants across Minnesota.' Among other things, the advocates noted that evictions 'disproportionately impact communities of color, women, victims of sexual and domestic violence, individuals with disabilities, and individuals receiving public housing assistance.' The groups' brief pointed to studies that showed an array of adverse health impacts arising in the wake of evictions, including worse birth outcomes for mothers and newborns, as well as significant increase in suicides. In response, Christopher Kalla and Douglas Turner, Sela's attorneys, wrote that the 'parade of horribles' outlined by the renter advocates are 'not unique to this appeal and the unconstitutionality' of the law. Kalla and Turner also argued that recent reforms to Minnesota's renter-screening laws 'provide relief to most, if not all, of the examples identified by the Intervenor.' In its ruling, the appeals court sent J.H. 's expungement request back to Hennepin County District Court for consideration under a separate provision of the eviction expungement law. Under that standard, the court can order expungement in the interest of justice when 'those interests are not outweighed by the public's interest in knowing about the record.' J.H.'s attorney, Elizabeth Frazier of the Minnesota Assistance Council for Veterans, did not immediately respond to a request for comment.
