United States v. Grigsby, No. 11-3736 (6th Cir. 2013)
Annotate this CaseGrigsby, a middle-age man who lived in homeless shelters, was charged with three unarmed bank robberies, 18 U.S.C. 2113(a). Psychologists conducted examinations and filed reports that diagnosed paranoid schizophrenia and stated that Grigsby was not competent to stand trial. Neither party objected. The court committed Grigsby to custody (18 U.S.C. 4241(d)(1)) to determine whether he could be restored to competency to stand trial. Forensic evaluators concluded that Grigsby did not understand the seriousness of his legal difficulty; lacked ability to assist his lawyer during trial; and was not capable of waiving his constitutional rights rationally or of testifying on his own behalf. Grigsby refused to take oral medication. Because he was not gravely disabled and did not present a danger to himself, others, or the facility, he did not meet the criteria for involuntary medication. The evaluators requested an order authorizing them to inject Grigsby involuntarily with a first-generation antipsychotic drug, (haloperidol (Haldol) or fluphenazine), or a second-generation antipsychotic drug, risperidone, to restore competency. These medications can cause serious side effects. The district court granted an order under Sell v. U.S. (2003). The Sixth Circuit reversed, finding that special circumstances unique to the case indicate that Grigsby’s liberty interest in avoiding involuntary medication outweighs the government’s interest in prosecution.
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