Alleged Congressman Gabby Giffords’ Shooter Obtains Court Order To Avoid Forced Psychotropic Medications

By: Jim Bleeke
BleekeDillonCrandall

A recurring issue that we have seen in correctional healthcare cases are prisoners who commit suicide or otherwise claim they are harmed due to their psychiatric condition. With 20/20 hindsight, the prisoners, or their families, commonly allege that proper medication would have prevented the prisoner from whatever harm occurred. However, plaintiffs in those cases ignore the prisoner’s constitutional right to be free of forced medication unless they have been determined mentally incompetent. That issue has been addressed very recently in the high-profile case involving the alleged assailant Congressman Gabby Giffords.

The United States Ninth Circuit Court of Appeals recently (July 6, 2011) granted a temporary injunction prohibiting the prison which was housing Jared Loughner from giving him involuntary psychotropic medications. The prison officials had given Mr. Loughner those medications on an emergency basis because they were concerned that he otherwise would pose a danger to himself or to others. The Ninth Circuit Court of Appeals found the involuntary medication of Mr. Loughner violated his liberty interest, namely his right to be free of the forcible administration of medication when he had not been previously found mentally incompetent.

This opinion once again demonstrates just how difficult the job of correctional medicine can be when confronted with a potential “Catch 22” situation in which involuntary psychotropic medications are not permitted by the courts, but any harm that befalls a prisoner can be second-guessed with 20/20 hindsight if any harm then befalls the prisoner due to a psychiatric condition.