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Psychotropic Medication Claim Requires Expert Testimony by The plaintiff alleged that the defendant contract psychiatrist subjected him to unnecessary psychotropic medications in excessively high doses. The plaintiff failed to show he had a serious medical need; such a claim "must be supported by medical evidence, such as a physician's diagnosis, …
Article • May 15, 2007
Court Upholds North Dakota Prisoner's Forced Drugging by The plaintiff was involuntarily administered psychotropic medications, after a hearing, based on his uncontrolled assaultive behavior and his evident paranoia and its consequences. At 1054-55: A competent adult has the right to refuse medical treatment. . . . Courts have based this …
Article • May 15, 2007
Report Not Admissible in TN Jail Suicide Suit by The decedent hanged himself in jail. The Sheriff said to the press that a sergeant saw him put the sheet around his neck, and the court earlier said that "this evidence, if proven" could support a deliberate indifference claim. However, the …
Court Refuses to Drug Defendant for Trial by The criminal defendant was found incompetent to stand trial. The government did not show sufficient need to involuntarily medicate him to render him competent to stand trial. The government's report does not address whether such medication is medically appropriate; there is inadequate …
Article • May 15, 2007
Nebraska Sheriff Liable for Jail Suicide by The plaintiff called 911 in a state of despondency; the police arrived, he said he would kill himself if he was arrested, so the police arrested him, brought him to jail, and placed him in an isolation cell and gave him a blanket, …
Article • May 15, 2007
Court Certifies Class Challenging Denial of treatment to Mental Patients by The plaintiffs, committed to a mental hospital as a result of findings of not guilty by reason of insanity, challenged conditions and policies that they alleged kept them from getting adequate medical and mental health care. At 307: A …
Visiting Denial to Colorado Sex Offender Who Refuses Treatment Upheld by The plaintiff, a convicted sex offender, challenged various measures taken against him for refusing to participate in a treatment program. The plaintiff's declaratory and injunctive claims were mooted by his release from prison. His damage claims were not moot, …
Pennsylvania Sex Offender Parole Denial Suit States Some Claims by The plaintiff, seeking to represent a class, complained that denying her parole and imposing other adverse consequences in prison because of her refusal to disclose her sexual history, possibly including uncharged criminal activity, in a sex offender program violated her …
Article • May 15, 2007
Federal Parolee Can Challenge Forced Medication Release Condition by The district court imposed as a condition of supervised release after a prison sentence that the defendant take whatever psychotropic medications were prescribed by his treating physicians. The defendant's challenge to the restriction was ripe on direct appeal, even without evidence …
Article • May 15, 2007
Defendant Drugged for Federal Murder Trial by The criminal defendant, accused of killing two Capitol Police officers, was involuntarily medicated to render him competent to stand trial. The court holds that his progress, the reasonableness of the government's request for a six-month continuance, and the medical appropriateness of the treatment …
Article • May 15, 2007
Judge, not Magistrate Must Make Decision to Drug Criminal Defendant by The involuntary administration of medication to render a defendant competent for trial is not a matter that can be fully delegated to a magistrate judge; the principle of constitutional avoidance means that the Federal Magistrates Act should not be …
Article • May 15, 2007
No One Liable in Jail Suicide of 16 Year Old by The plaintiff's 16-year-old grandson committed suicide in jail. He was placed in an observation cell and got lots of attention; after months he seemed better and was placed in general population after signing a "no-harm contract" pledging not to …
Article • May 15, 2007
Filed under: Mental Health, Suicides
Michigan Jail Not Liable for Suicide by The decedent was admitted to jail drunk and hanged himself with a telephone cord within two hours. To recover, the plaintiff must show (1) that he demonstrated a strong likelihood of taking his life, and (2) that defendants acted with deliberate indifference to …
Article • May 15, 2007
No Qualified Immunity for Suicide of Utah Prisoner by The police captain who arrested the decedent was told by several people that he was a suicide risk; he said he had contemplated suicide but decided against it; the captain said he concluded the decedent was not a suicide risk. However, …
Tenth Circuit Affirms Suicide Verdict in Trentadue Case by The decedent, arrested for a traffic violation and found to have an outstanding warrant for federal parole violations, was sent to a federal prison for a parole violation hearing, asked for protective custody two days later, and was found in his …
Montana Supreme Court Reverses Dismissal of Injunctive Action by The Montana Supreme Court reversed a lower court's dismissal of a prisoner's action, finding that his claims were not barred by res judicata. Anthel Brown was sentenced to the Montana State Prison (MSP) on November 8, 1976. He was confined to …
BOP Substance Abuse/Early Release Regulation Violates APA by The Ninth Circuit Court of Appeals held that a 1997 Bureau of Prisons (BOP) regulation precluding substance abuse treatment and early release to prisoners convicted of firearm offenses violated the notice and comment provisions of the Administrative Procedures Act (APA). In 1990, …
Texas Supreme Court: Sex Offender Civil Commitment Statute Is Constitutional by By Matthew T. Clarke On May 20, 2005, the Supreme Court of Texas (SCT) held that the Texas Civil Commitment of Sexually Violent Predators Act (the Act), Chapter 841, Texas Health and Safety Code, is not punitive and therefore …
New Trial Ordered Over Guard's Negligence In Texas Jail Prisoner's Suicide by Ricardo Alvarado's parents challenged a Texas State court's jury verdict clearing guards of negligence regarding his jail suicide. They claimed that the trial court erred in presenting evidence and in the submission of the charges. The court's ruling …
Article • May 15, 2007 • from PLN May, 2007
Filed under: Mental Health, Suicides
Suit Over Suicide At Indian Jail In Washington Settled For $700,000 by The family of a man who hanged himself in a Washington jail managed by the Bureau of Indian Affairs (BIA) has settled with the federal government for $700,000, according to an announcement made on January 31, 2007. Although …
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