Robert Clifton Johnson, Jr., an involuntarily-committed patient in a mental institution, appeals the district court’s dismissal of his pro se suit filed pursuant to 42 U.S.C. § 1983. Johnson sued Dr. Stuart Silvers, apparently a physician at Clifton T. Perkins Hospital Center, Jessup, Maryland, alleging that he had been forced to take antipsychotic medication. For the reasons set forth below, we vacate the decision of the district court.
In his complaint, Johnson claimed that he had been made to take medication for his schizophrenic condition and because of the medication had suffered nightmares, an upset stomach, sore joints, a swollen tongue, and a hindrance of his thought process. The district court, relying on its powers under 28 U.S.C. § 1915(d), held Johnson’s claim to be frivolous. 1
This court in
Boyce v. Alizaduh,
Under
Haines v. Kerner,
In
Youngberg,
the Supreme Court recognized that involuntarily-committed mental patients in state institutions retain a constitutionally protectible liberty interest in freedom from bodily restraint. We are satisfied that the forcible administration of antipsychotic drugs presents a sufficiently analogous intrusion upon bodily security to give rise to such a protectible liberty interest.
See Project Release v. Prevost,
Accordingly, the judgment of the district court is vacated and the action remanded for further proceedings consistent with this opinion. If it is determined in those proceedings that a properly identified defendant, acting under color of state law, has effectively caused Johnson to take anti-psychotic drugs against Johnson’s will, this will establish a deprivation of liberty within the contemplation of 42 U.S.C. § 1983. The remaining issue, whether that deprivation was without due process of law, is to be decided under the “professional judgment in fact exercised” test of Youngberg.
VACATED AND REMANDED FOR FURTHER PROCEEDINGS.
Notes
. The district court also questioned Johnson’s claim because Johnson had improperly named Dr. Silvers as the defendant. Johnson’s claim should not be dismissed on this ground. The district court must allow a pro se litigant a reasonable opportunity to amend his pleadings to name the proper defendant, and if necessary advise him how to determine that person.
Gordon v. Leeke,
. If the court is uncertain whether a pro se plaintiff has stated a valid claim for relief, dismissal is not appropriate.
Covington v. Cole,
