U.S. Appeals Court: INVOLUNTARY MEDICATION PSYCHOTROPIC DRUGS DUE PROCESS.

U.S. v. Morgan, 193 F.3d 252 (4th Cir. 1999). A pretrial detainee who was found incompetent to stand trial sought a review of an administrative order that permitted medical personnel to forcibly treat the detainee with antipsychotic medication. The district court upheld the order and the detainee appealed. The appeals court vacated the order and remanded the case. The appeals court found that the detainee was not entitled to an evidentiary hearing before the district court before being forcibly medicated, but that remand was required to determine whether a correctional officer had sufficient education and experience to act as the detainee's staff representative. According to the appeals court, medical personnel had an affirmative obligation to ensure that the detainee was represented by a qualified staff member. (United States Medical Center for Federal Prisoners, Springfield, Missouri)