United States v. Charles Gillenwater, II
749 F.3d 1094
| 9th Cir. | 2014Background
- Gill enwater charged with three threats, two interstate and one by mail; found not competent for trial and ordered involuntary medication to restore competency.
- Competency evaluations diagnosed delusional disorder, persecutory type; doctors Lucking and Weaver recommended haloperidol decanoate; Gillenwater refused medication.
- District court held multiple hearings and granted compulsory medication under Sell v. United States; Dr. Cloninger opposed it.
- This appeal consolidates the September 24, 2013 order with the prior November 19, 2012 order; Ninth Circuit previously remanded for a new competency hearing.
- Court ultimately affirms the 2013 order, declines to revisit the 2012 order as moot, and reviews Sell factors de novo/clear error as applicable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the first Sell factor supports involuntary medication | United States argues government interests are strong | Gillenwater contends interest is reduced | Yes; government interests are substantial despite circumstances |
| Whether involuntary meds will substantially render Gillenwater competent | Medication likely to render competency | Medication unlikely to be effective | Substantially likely to render competence; side effects not shown to interfere significantly |
| Whether involuntary medication is necessary over less intrusive options | Less intrusive options unlikely to achieve results | Voluntary psychotherapy could suffice | District court did not err in rejecting voluntary psychotherapy as unlikely effective |
| Whether the fourth Sell factor supports medical appropriateness | Medication is in his medical best interest | Harms may outweigh benefits | Medication deemed medically appropriate given condition and potential benefits |
| Whether the November 19, 2012 order is moot | Appeal remains live | Order moot after subsequent ruling | Moot with respect to the 2012 order; affirm the 2013 order |
Key Cases Cited
- Sell v. United States, 539 U.S. 166 (2003) (four factors govern involuntary medication for competency)
- Washington v. Harper, 494 U.S. 210 (1990) (liberty interests in antipsychotic treatment; rare allowances)
- United States v. Ruiz-Gaxiola, 623 F.3d 684 (9th Cir. 2010) (defines Sell-factor application and Harper context)
- United States v. Hernandez-Vasquez, 513 F.3d 908 (9th Cir. 2008) (approach to Sell factors and competency proceedings)