×
You've used up your 3 free articles for this month. Subscribe today.
Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process
Loaded on April 15, 2004
published in Prison Legal News
April, 2004, page 36
Mentally Incapacitated Oregon Pretrial Detainees
Filed under:
Injunctions,
Standing,
Federal Statutory Law,
PAMII Act,
Failure to Treat (Mental Illness),
Involuntary Treatment/Drugging.
Location:
Oregon.
Denied Due Process
The Ninth Circuit Court of Appeals held that under Oregon law, state mental hospitals have a duty to accept mentally incapacitated criminal defendants for evaluation and treatment, once certified as mentally incapacitated by a circuit court. The court also held that the …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Jails for Jesus, by Samantha M. Shapiro
- City Immune in California Drunk Tank Beating Suit Because Prisoner Was Criminal, Not Civil Detainee
- Kansas Gift Subscription Ban Rejected by State Court But Upheld By Federal Court, by John E Dannenberg
- From the Editor, by Paul Wright
- Alabama Restores Voting Rights to Some Ex-Prisoners
- Another Death in a Wisconsin Prison, by Gary Hunter
- PLRA Fee Payments Cease Upon Release from Prison
- Thirty-Two Years of Resistance: Free the Angola Three!, by Shana Griffin
- Thirty Years in Segregation May State Claim, by Michael Rigby
- First Circuit Holds ADA Title II Abrogated State Sovereign Immunity, by Bob Williams
- Prison Nation Wins Human Rights Award
- BOP, FBI Investigations in Texas, Oregon, Arizona, and California Federal Prisons, by Michael Rigby
- Sixth Circuit: Claims Against Parole Procedures Cognizable Under § 1983
- Disarray in Colorado: Prisoners Hurt by Host of Problems, by Bob Williams
- $475,000 Settlement for Wrongly Convicted Indiana Ex-Con
- Eighteen Indicted for Drug Smuggling and Weapons Possession Inside Puerto Rican Prisons, by Lonnie Burton
- Brooklyn MDC Guard Pleads Guilty to Raping Prisoner
- New York Prisoner Awarded $435,000 in Tire Accident
- The Soft Cage: Surveillance in America, From Slave Passes to the War on Terror, by Scott Christianson
- Asset Forfeiture Defense Manual, by John E Dannenberg
- California Parole Violators' Due Process Rights Upheld in Settlement
- Former Warden and Two Jailers Sentenced for Philadelphia Jail Beating
- Mississippi Death Row Conditions Unconstitutional; Sweeping Reforms Ordered, by Bob Williams
- Constitutional Amendment Effort Launched to Bar Florida's Prison Privatization, by David Reutter
- Canadian Prisoner Dies After Drinking Drug-Laced Vomit, Others Charged, by Michael Rigby
- Permanent Injunction Requires Full HCV Retreatment for Florida Prisoner, by John E Dannenberg
- Disabled Missouri Prisoner Awarded Backpay after Passing GED Test
- Brief Statement of Operative Facts Satisfies Texas Pleading Requirement
- Texas Prisoners Have Right to Judicial Review of Administrative Finding
- Jail Rape Results in Reduced Sentence
- Court Questions Federal Assault Conviction on Private Prison Guard
- A Culture of Prosecutorial Misconduct, by Peter Schmidt
- California Presentencing Credits Upheld For Jail Time in Another County, by John E Dannenberg
- Blind Prisoner Must Exhaust Administrative Remedies
- Impeding Grievance Exhaustion May Violate Access to Courts
- § 1983 Disciplinary Challenge Available to Parolee Because Habeas Would Be Moot, by John E Dannenberg
- Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process
- Virginia Drug Treatment Program Still Violates Establishment Clause
- $108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit, by John E Dannenberg
- Washington DOC/King County Settles Negligent Supervision Case for $3.1 Million
- Fighting for Fair Phone Rates, by Deborah M Golden
- Supplemental Parole Violation Warrant Filed After Sentence Expiration Illegal
- California Initial Cell Assignments By Race Upheld, U.S. Supreme Court Grants Review, by John E Dannenberg
- Wisconsin Pro Se Co-Plaintiffs Must Maintain Separate § 1983 Actions
- County May Be Liable for Private Prison's Customs and Policies, by Bob Williams
- News in Brief
- Prior To Reversal And Reconviction, California Prison Credits, Not Jail Credits, Apply
- Prison Mailbox Rule Applies to Civil Rights Complaint, by Jon Michael Withrow
More from these topics:
- Settlement Reached in Mental Health Care Class-Action at San Diego County Jails, June 1, 2026. Settlements, Failure to Treat (Mental Illness), Class Actions, Administrative Detention/Segregation, Inadequate Health Care Facilities.
- Federal Court Partially Enjoins Enforcement of Georgia’s S.B. 185 Prohibiting Gender-Affirming Health Care in DOC, June 1, 2026. Medication, Failure to Treat, Injunctions, Transgender Medical Procedures, Cruel and Unusual Punishment.
- Prison Profiteer The GEO Group Accused of Refusing Health Inspections at Detention Facility Despite Court Ruling, June 1, 2026. GEO Group/Wackenhut, Food, Water, Injunctions, Immigration Detention.
- Spike in Massachusetts Prisoner Suicides Blamed on Isolation, K-2 and Spotty Mental Healthcare, May 1, 2026. DOJ CRIPA Actions, Failure to Treat (Mental Illness), Suicides, Confinement in Segregated Housing, Administrative Detention/Segregation.
- $9.8 Million in Settlements Reached with South Carolina County and Wellpath in Gruesome Jail Death, May 1, 2026. Failure to Treat, Sanitation, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- $2.135 Million Partial Settlement Reached in Schizophrenic Detainee’s Death from “Gross Medical Neglect” at South Carolina Jail, May 1, 2026. Prison Health Services, Failure to Treat, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- Federal Court Grants HRDC Preliminary Injunction Against Mail Censorship at New Mexico Jail, May 1, 2026. Injunctions, Publications/Books, Due Process, Censorship, HRDC Litigation.
- Faced with Record-Breaking Jail Deaths, L.A. County Supervisors Tell Sheriff’s Department to Improve Access to Naloxone, Camera Monitoring, and Security Checks at California Jail, May 1, 2026. Drug Overdose, Overcrowding, Sanitation, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- Taser Use Doubled After Grand Jury Report on Pennsylvania Prisoner’s Death, May 1, 2026. Failure to Treat, Stun Guns/Tasers, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness), Staff Training.
- Federal Court Places Medical Care in Arizona Prisons Under Receivership, May 1, 2026. Naphcare, Systemic Medical Neglect, Injunctions, Failure to Treat (Mental Illness), Inadequate Health Care Facilities.

