October 10, 2004 ICSPP New York City 1

PsychRights’ Legal Campaign Against Forced Drugging and How You

Can Participate

James B. Gottstein, Esq.Law Project for Psychiatric

Rights

jim@psychrights.orghttp://psychrights.org/

Jim GottsteinJim Gottstein

Attorney/Psychiatric EscapeeAttorney/Psychiatric Escapee

Working on Mental Health Issues for Working on Mental Health Issues for Over 20 Years in AlaskaOver 20 Years in Alaska

Bald Mountain

Floats

Founded PsychRights in 2002 after Founded PsychRights in 2002 after Reading Reading Mad in AmericaMad in America

Cabin

Working on a Soteria-Alaska Pilot ProjectWorking on a Soteria-Alaska Pilot Project

Red Shirt

Virtually Full Time Virtually Full Time Pro BonoPro Bono fighting Forced Drugging fighting Forced Drugging

October 10, 2004 ICSPP 7

The Legal Setting: Involuntary CommitmentInvoluntary Commitment Forced MedicationForced Medication The RealityThe Reality

October 10, 2004 ICSPP 8

Involuntary Commitment Standards

1. Mentally Ill,

and

2. A Danger to Self or Others,

or, (in some states)

3. Gravely Disabled (not sanctioned by US Supreme Court)

October 10, 2004 ICSPP 9

Forced Medication StandardsForced Medication Standards State Laws may define Federal Rights State Laws may define Federal Rights

((Mills v. Rogers)Mills v. Rogers)– Incompetent to Decline (Refuse)Incompetent to Decline (Refuse)– ““Professional Judgment” (Professional Judgment” (Youngberg v. Youngberg v.

Romeo/Rennie v. Klein)Romeo/Rennie v. Klein)– ““Best Interests”Best Interests”

• Where Junk Science Comes InWhere Junk Science Comes In

– ““Substituted Judgment”Substituted Judgment”– ““Least Restrictive Alternative”Least Restrictive Alternative”

October 10, 2004 ICSPP 10

The RealityCourts accept . . . testimonial dishonesty, . . . specifically where Courts accept . . . testimonial dishonesty, . . . specifically where witnesses, especially expert witnesses, show a "high propensity to witnesses, especially expert witnesses, show a "high propensity to purposely distort their testimony in order to achieve desired ends."  . . . purposely distort their testimony in order to achieve desired ends."  . . .

Experts frequently . . . and openly subvert statutory and case law Experts frequently . . . and openly subvert statutory and case law criteria that impose rigorous behavioral standards as predicates for criteria that impose rigorous behavioral standards as predicates for commitment   . . . commitment   . . .

This combination  . . . helps define a system in which  (1) dishonest This combination  . . . helps define a system in which  (1) dishonest testimony is often regularly (and unthinkingly) accepted; (2) statutory testimony is often regularly (and unthinkingly) accepted; (2) statutory and case law standards are frequently subverted; and (3) and case law standards are frequently subverted; and (3) insurmountable barriers are raised to insure that the allegedly insurmountable barriers are raised to insure that the allegedly "therapeutically correct" social end is met . . ..  In short, the mental "therapeutically correct" social end is met . . ..  In short, the mental disability law system often deprives individuals of liberty disability law system often deprives individuals of liberty disingenuously and upon bases that have no relationship to case law or disingenuously and upon bases that have no relationship to case law or to statutes.to statutes.

The ADA and Persons with Mental Disabilities:  Can Sanist Attitudes Be Undone? by The ADA and Persons with Mental Disabilities:  Can Sanist Attitudes Be Undone? by Michael L. Perlin, Michael L. Perlin, Journal of Law and HealthJournal of Law and Health, 1993/1994, 8 JLHEALTH 15, 33-34., 1993/1994, 8 JLHEALTH 15, 33-34.

October 10, 2004 ICSPP 11

““The Reason:”The Reason:”

““Traditionally, lawyers assigned to Traditionally, lawyers assigned to represent state hospital patients have represent state hospital patients have failed miserably in their mission”failed miserably in their mission”Houston Law Review January, 1991 Health Law Issue COMPETENCY, DEINSTITUTIONALIZATION, AND HOMELESSNESS: A STORY OF MARGINALIZATION Michael L. Perlin

October 10, 2004 ICSPP 12

The Reason Behind the Reason: The Reason Behind the Reason: Society Demands ItSociety Demands It

Even if we agree with what you (Bob Even if we agree with what you (Bob Whitaker) are saying, we won’t be allowed Whitaker) are saying, we won’t be allowed to do what you suggest.to do what you suggest.Reaction of Alaska Psychiatric Institute psychiatrists to Bob Whitaker’s presentation.

October 10, 2004 ICSPP 13

Public EducationPublic EducationAlternativesAlternativesSerious, Coordinated Legal Serious, Coordinated Legal Attack on ScienceAttack on Science

What to DoWhat to Do

October 10, 2004 ICSPP 14

Public EducationPublic Education Historic OpportunityHistoric Opportunity

– SSRI DebacleSSRI Debacle The Fraudulent Science is Now KnownThe Fraudulent Science is Now Known The Damage Has Been DocumentedThe Damage Has Been Documented Natural AlliesNatural Allies

– AHRPAHRP– MindFreedomMindFreedom– PsychRightsPsychRights– ICSPPICSPP– NARPANARPA– ISPS, Aspire, Drug AwarenessISPS, Aspire, Drug Awareness– Others?Others?

October 10, 2004 ICSPP 15

Alternatives Are EssentialAlternatives Are Essential

Constitutional Right to Least Restrictive Constitutional Right to Least Restrictive Alternative Meaningless without them.Alternative Meaningless without them.

October 10, 2004 ICSPP 16

PsychRights EffortsPsychRights Efforts

System Change legal challengesSystem Change legal challenges Selective RepresentationSelective Representation Assistance for casesAssistance for cases

– ConsultingConsulting

– BriefingBriefing

– Expert Witness FeesExpert Witness Fees

– ReferralsReferrals• ExpertsExperts

• AttorneysAttorneys

Technical AssistanceTechnical Assistance– Website MaterialsWebsite Materials

October 10, 2004 ICSPP 17

Expert WitnessesExpert Witnesses

Absolutely CriticalAbsolutely Critical Need to PayNeed to Pay IdentifyIdentify

October 10, 2004 ICSPP 18

Some Specific PsychRights Some Specific PsychRights EffortsEfforts Myers Forced Myers Forced

Drugging Case in Drugging Case in AlaskaAlaska

Child case in North Child case in North CarolinaCarolina

““Rogers Orders” in Rogers Orders” in MassachusettsMassachusetts

Psychotropic Induced Psychotropic Induced Homicide in UtahHomicide in Utah

Many unfulfilled Many unfulfilled requestsrequests– Montana, Nebraska, Montana, Nebraska,

Ill., Texas, Minn, Ill., Texas, Minn, Mass. . . .Mass. . . .

PPRA Form LetterPPRA Form Letter ICMHP LetterICMHP Letter Forced Drugging in Forced Drugging in

Prison CasePrison Case Threatened Informed Threatened Informed

Consent CaseConsent Case

October 10, 2004 ICSPP 19

Ways to ParticipateWays to Participate

Expert WitnessesExpert Witnesses Alternative Treatment OptionsAlternative Treatment Options Action Conference in DC end of April/beginning Action Conference in DC end of April/beginning

of Mayof May VolunteersVolunteers

– Grant WritingGrant Writing– Webmastering??Webmastering??– Research,Organizing, OfficeResearch,Organizing, Office– OtherOther

$$$$ (of course)$$$$ (of course)

October 10, 2004 ICSPP New York City 20

Carpe Diem

October 10, 2004 ICSPP 21

Mt. McKinley (Denali)

Thank You For ComingThank You For Coming