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Case No. 18-1305

In the Matter of J.S., Alleged to be Seriously Mentally Impaired

J.S., Respondent-Appellant

Attorney for Appellant

Tyler Phelan

Attorney for Appellee State

Gretchen Kraemer, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Sep 25, 2019

            Appeal from the Iowa District Court for Polk County, Carla Schemmel, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.  Opinion by Vaitheswaran, P.J.  (8 pages)

            In this consolidated appeal of two involuntary civil commitment orders, J.S. contends the district court erred in (1) failing to terminate the proceedings and dismiss the applications on receipt of a physician’s report and (2) prohibiting him from possessing firearms.  OPINION HOLDS: We affirm the district court’s dismissal of the Iowa Code chapter 229 (2018) proceeding and the district court’s order referring J.S. to outpatient treatment for his chapter 125 substance-related disorder.  We reverse the district court’s imposition of the firearm prohibition in both orders and remand for entry of an order striking those prohibitions.

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