Timothy Green v. Dave Dormire
2012 U.S. App. LEXIS 18559
8th Cir.2012Background
- Green, an MDC inmate, diagnosed with Delusional Disorder, refused antipsychotics.
- Green was moved from JCCC to Biggs for treatment considerations after delusional behavior.
- At Biggs, Green received mental health evaluations and a hearing recommended antipsychotic meds.
- A subsequent hearing concluded Green was gravely disabled and in need of involuntary medication, which was administered for seven months.
- Green sued under 42 U.S.C. §1983 alleging due process violations from transfer and involuntary medication; the district court granted summary judgment and the court of appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether transfer to Biggs without 96-hour hospital certification violated due process | Green argues state statute created a liberty interest | Green’s transfer complied with due process as temporary evaluation/system-wide standards | No due process violation; transfer did not trigger a state-created liberty interest under those facts |
| Whether involuntary medication violated due process under policy IS12-6.1 | Policy requires clinical emergency before involuntary meds | Policy permits clinical necessity beyond emergencies; Green’s case fit clinical necessity | Not violated; involuntary medication upheld under clinical necessity doctrine |
| Whether procedural due process at the hearing met minimum requirements | Hearing protections were insufficient (notice, presence, cross-examination) | Policy mirrors Washington v. Harper with proper procedural safeguards | Procedural due process satisfied; hearing, notice, presence, cross-examination, neutral decisionmaker provided |
Key Cases Cited
- Washington v. Harper, 494 U.S. 210 (1990) (due process for involuntary antipsychotic treatment; safeguards and standards)
- Riggins v. Nevada, 504 U.S. 127 (1992) (overriding medical justification permits involuntary treatment)
- Vitek v. Jones, 445 U.S. 480 (1980) (liberty interests from state-created arrangements; due process protections)
- United States v. Jones, 811 F.2d 444 (8th Cir. 1987) (temporary transfers for evaluation and leeway to prison officials)
- Hogan v. Carter, 85 F.3d 1113 (4th Cir. 1996) (emergency treatment exception to due process)