Circumstantial Evidence: Can You file a Lawsuit or Missing Person Report?

Jurisdiction
New Mexico
Cornell Law School: Circumstantial evidence is indirect evidence that does not, on its face, prove a fact in issue but gives rise to a logical inference that the fact exists. Circumstantial evidence requires drawing additional reasonable inferences in order to support the claim.

R v Cinous, 2002 SCC 29 (CanLII), [2002] 2 SCR 3, per McLachlin CJ and Bastarache J, at para 89 (Circumstantial evidence is "evidence that tends to prove a factual matter by proving other events or circumstances from which the occurrence of the matter at issue can be reasonably inferred")

Is it possible to file a lawsuit against a behavior hospital and a nursing home of Circumstantial Evidence that raises serious questions that your mother is missing or dead? This behavior center has not allowed me to see nor talk my mother since Jan 5th of 2024 and was supposed to have been discharged to a nursing home between this and around March.

On March 4th of 2024, I discovered the nursing home's address and its not a nursing facility, it's a normal house, you see everything, living, kitchen and hallway from the front door. It's a relativity small house maybe 2-3 bedrooms, it's small enough where my mother could not here my voice, and when I asked them to have my mother come out so I can see her, they refused. I believe my mother was sedated and / or restrained in one of the rooms to prevent her from coming out, because my mother already has told me to come get her on January 4th of 2024 and multiple times before that.

While I was there I talked to her supposed doctor and in the conversation she told me she did not want my mother to see me because she will bet excited and they would have to minister with some drug to comer her down, because they did it before because she was crying too much and it took them 5 hours to calm her down. WTF! My mother was normal as she can be when I was able to talk and see her before January 5th at the behavior center! Later this hospice social worker texted me, in the text exchange I asked, (1) when was my mother discharged and (2) when did you first see my mother and refused to answer the question!

To further investigate to prove my mother is not there, I sent several mail and packages to the nursing home to be signed electronic signature and it was sign by someone there, then two restricted signature by hard copy return and now no one is signing it (and of course, your looking at 5 years in prison if you do), a notice was left, but I scheduled a re-delivery and there still sitting at the Post Office waiting to be delivered. I had police do a welfare check (by their City Community Safety Team) before and after these deliveries, but there was no direct contact.

Other than seeking a court order compelling the facility to allow me to see my mother, can I (1) file a missing person report based on the Circumstantial Evidence that raises serious questions of mother being missing or dead at this nursing home?
 
It would be wise to review this poster's posting history.

To answer the question asked: Yes, (pretty much) anyone can file a lawsuit against (pretty much) anyone for (pretty much) anything.
 
Is it possible to file a lawsuit against a behavior hospital and a nursing home of Circumstantial Evidence that raises serious questions that your mother is missing or dead?

My mother's been dead for more than a decade and a half. Nevertheless, yes, it's possible to file a lawsuit. It's possible for me to file a lawsuit against Genghis Khan for murdering Adolf Hitler.

I doubt, however, that this is the question you actually meant to ask. I'm guessing the question you actually intended was something like the following: is it legal to file a lawsuit when the only known evidence is circumstantial? In that regard, I would direct you to Rule 1-011 of the New Mexico Rules of Civil Procedure, which provides, among other things, that "[t]he signature of an attorney or party [on a pleading submitted for filing with a court] constitutes a certificate by the signer that the signer has read the pleading, motion, or other paper; that to the best of the signer's knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay." This rule is based on Rule 11 of the Federal Rules of Civil Procedure, which is a bit less vague, and which says that "By presenting to the court a pleading, . . . an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: . . . the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery."


can I file a missing person report based on the Circumstantial Evidence that raises serious questions of mother being missing or dead at this nursing home?

Contact the police or sheriff's department that has jurisdiction in the area where this facility is located and ask this question. You can also ask them to make a welfare check.
 
Other than seeking a court order compelling the facility to allow me to see my mother, can I (1) file a missing person report based on the Circumstantial Evidence that raises serious questions of mother being missing or dead at this nursing home?

You have provided a lot more information here than you did on the other site.

The facility you describe, though residential, is a care home that is likely licensed by the state under very strict rules and regulations.

Contact the regulatory agency and see if they can be of any assistance.

 
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