U.S. v. Charters.

• Author: Bourke, Leon H.
• Position: Antipsychotic drugs may be given over an inmate's objection

HELD: Antipsychotic drugs may be given over an inmate's

objections provided all due process requirements are met.

Michael Charters was indicted in November 1983 for threatening the President of the United States, in violation of 18 U.S.C. 871. Shortly after this the government's motion for psychiatric evaluation was granted. U.S. v. Charters, 863 F.2d 302 (4th Cir. 1988). Thereafter, Charters was committed to the Springfield, Missouri, Medical Center, where he was diagnosed as incompetent to stand trial. Id. at 304. In early 1984 Charters was referred to the Correctional Institution at Butner, North Carolina, by the district court for further evaluation. After four more evaluations, he was judged incompetent to stand trial and dangerous to others. Id.

The government sought an order permitting medical personnel to administer antipsychotic medication without Charters' consent. The United States District Court for the Eastern District of Virginia, at Alexandria, entered an order permitting forcible medication, but stayed the order pending Charters' expedited appeal to the fourth circuit. Id. This decision was reversed and remanded by a panel of the court of appeals. On rehearing, the court of appeals held that (1) the base-line decision to medicate should be made by the appropriate medical personnel of the custodial institution, with judicial review available to guard against arbitrariness; (2) the district court did not err in approving forcible administration of medication on the basis of the record before it when it ruled, but because of the time which had elapsed, the appropriate medical professionals should reevaluate the situation in light of present conditions and make a new decision; and (3) the proper court to review future medical decisions would be the district court in the district in which the facility was located where the patient was confined.

The treating psychiatrist, Dr. Sally Johnson, testified in May 1986 that "Charters suffers from degenerative schizophrenia which is incurable. It can be controlled with medication." She further stated that "if he wasn't treated he would |almost certainly' require indefinite confinement." Id. at 304. Based on Dr. Johnson's testimony, the district court outlined the government's interests: (1) protecting society and other inmates from a dangerous individual, (2) maintaining a pretrial detainee in a competent condition to stand trial, and (3) fulfilling its duty to treat the medical needs of...