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Involuntary Medication Violates Due Process
Christopher Breads is a prisoner in the Erie County Jail in New York state who was forcefully injected with psychotropic drugs by jail officials. He filed suit under § 1983 claiming his right to due process had been violated. The defendants moved for summary judgment which the district court denied.
The court held that there is a substantive due process right under the constitution to remain free from involuntary psychotic medication. The court noted that the defendants had not made a finding that Breads suffered from serious mental illness nor had the decision to medicate him been reviewed by another psychiatrist after the initial prescription.
The court held that because numerous issues of material fact existed, summary judgment was inappropriate and the case should proceed to trial. See, Breads v. Moehrle, 781 F.2d 953 (W.D. NY,1991).
The court held that there is a substantive due process right under the constitution to remain free from involuntary psychotic medication. The court noted that the defendants had not made a finding that Breads suffered from serious mental illness nor had the decision to medicate him been reviewed by another psychiatrist after the initial prescription.
The court held that because numerous issues of material fact existed, summary judgment was inappropriate and the case should proceed to trial. See, Breads v. Moehrle, 781 F.2d 953 (W.D. NY,1991).
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Related legal case
Breads v. Moehrle
| Year | 1991 |
|---|---|
| Cite | 781 F. Supp. 953 (WD NY 1991) |
| Level | District Court |
CHRISTOPHER D. BREADS, Plaintiff, v. JOHN MOEHRLE, Chief of Security Erie County Correctional Facility, Defendant.
Civ. 89-1020L
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK
781 F. Supp. 953; 1991 U.S. Dist. LEXIS 18954
December 10, 1991, Decided
December 10, 1991, Filed
COUNSEL: [**1] Plaintiff Pro se, Attica Correctional Facility, Box 149, Attica, NY 14011-0149
Desmond Hughes, Asst. County Attorney, Erie County, 69 Delaware Ave., Suite 300, Buffalo, NY 14202 (716) 858-2200
JUDGES: LARIMER
OPINIONBY: DAVID G. LARIMER
OPINION:
[*954] DECISION AND ORDER
This case was referred to Magistrate Judge Kenneth R. Fisher pursuant to 28 U.S.C. ç 636(b)(1)(A) and (B). On September 12, 1991, Magistrate Judge Fisher filed a Report and Recommendation that the parties' cross-motions for summary judgment be denied. No objections were filed by either party to the Report and Recommendation.
I agree with Magistrate Judge Fisher that there does appear to be material facts in issue which preclude the granting of summary judgment at this time.
Therefore, Magistrate Judge Fisher's Report and Recommendation is accepted and adopted pursuant to Title 28 U.S.C. ç 636(b)(1)(B). The parties' cross-motions for summary judgment are denied.
IT IS SO ORDERED.
DAVID G. LARIMER
UNITED STATES DISTRICT JUDGE
Dated: Rochester, New York
December 10, 1991.
Civ. 89-1020L
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK
781 F. Supp. 953; 1991 U.S. Dist. LEXIS 18954
December 10, 1991, Decided
December 10, 1991, Filed
COUNSEL: [**1] Plaintiff Pro se, Attica Correctional Facility, Box 149, Attica, NY 14011-0149
Desmond Hughes, Asst. County Attorney, Erie County, 69 Delaware Ave., Suite 300, Buffalo, NY 14202 (716) 858-2200
JUDGES: LARIMER
OPINIONBY: DAVID G. LARIMER
OPINION:
[*954] DECISION AND ORDER
This case was referred to Magistrate Judge Kenneth R. Fisher pursuant to 28 U.S.C. ç 636(b)(1)(A) and (B). On September 12, 1991, Magistrate Judge Fisher filed a Report and Recommendation that the parties' cross-motions for summary judgment be denied. No objections were filed by either party to the Report and Recommendation.
I agree with Magistrate Judge Fisher that there does appear to be material facts in issue which preclude the granting of summary judgment at this time.
Therefore, Magistrate Judge Fisher's Report and Recommendation is accepted and adopted pursuant to Title 28 U.S.C. ç 636(b)(1)(B). The parties' cross-motions for summary judgment are denied.
IT IS SO ORDERED.
DAVID G. LARIMER
UNITED STATES DISTRICT JUDGE
Dated: Rochester, New York
December 10, 1991.