Green v. Dormire, et al., No. 11-2251 (8th Cir. 2012)
Annotate this CasePlaintiff, an inmate of the Missouri Department of Corrections, filed suit under 42 U.S.C. 1983, alleging that his transfer, detention, and involuntary medication violated his due process rights. The court concluded that plaintiff need only be found gravely disabled before he could be involuntarily medicated; plaintiff's involuntary medication for a clinical necessity did not violate Missouri Department of Corrections Policy IS12-6.1; and plaintiff's procedural rights were not violated where Policy IS12-6.1 closely followed Washington's policy approved in Washington v. Harper and where, before his forced treatment, plaintiff was given notice of his due process hearing, was present at it, was permitted to cross-examine witnesses, and a neutral decisionmaker made the decision. Accordingly, the court affirmed the judgment.
Court Description: Prisoner case - Prisoner civil rights. Defendants' decision to relocate plaintiff to a mental health facility and detain him there did not violate his due process rights; finding that plaintiff was severely disabled was sufficient to permit defendants to involuntarily medicate him; Missouri Department of Corrections policy did not expand plaintiff's liberty interest in avoiding involuntary medication, and his involuntary medication did not violate the policy; the procedures defendants followed provided plaintiff with the required due process protections as he was given notice, a hearing with the right to be present and cross-examine witnesses, a neutral decision maker and the right of appeal.
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