United States v. John Watson, Jr.

793 F.3d 416, 2015 U.S. App. LEXIS 12371, 2015 WL 4385697
CourtCourt of Appeals for the Fourth Circuit
DecidedJuly 17, 2015
Docket14-4388
StatusPublished
Cited by34 cases

This text of 793 F.3d 416 (United States v. John Watson, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. John Watson, Jr., 793 F.3d 416, 2015 U.S. App. LEXIS 12371, 2015 WL 4385697 (4th Cir. 2015).

Opinions

Reversed by published opinion. Judge HARRIS wrote the majority opinion, in which Judge WYNN joined. Chief Judge TRAXLER wrote a dissenting opinion.

PAMELA HARRIS, Circuit Judge:

Following his arrest for firing a handgun at a Coast Guard helicopter, appellant John Watson, Jr. (“Watson”), who suffers from Delusional Disorder, Persecutory Type, was found incompetent to stand trial and committed to the custody of the Attorney General for mental health treatment [419]*419and evaluation. After Watson refused to take antipsychotic medication in order to render himself competent, the district court granted the government’s request that he be medicated by force. Given the critical liberty interests at stake, we require the government to meet a heavy burden to justify forcible medication, and we require courts to conduct a searching inquiry in order to ensure that this burden is met. In this case, we conclude,' the government has not met its burden of proving that involuntary medication is substantially likely to restore Watson’s competency, as required by Sell v. United States, 539 U.S. 166, 123 S.Ct. 2174, 156 L.Ed.2d 197 (2003). Accordingly, we reverse.

I.

“The forcible injection of medication into a nonconsenting person’s body ... represents a substantial interference with that person’s liberty.” Riggins v. Nevada, 504 U.S. 127, 134, 112 S.Ct. 1810, 118 L.Ed.2d 479 (1992) (quoting Washington v. Harper, 494 U.S. 210, 229, 110 S.Ct. 1028, 108 L.Ed.2d 178 (1990)). The interference is “particularly severe” when, as in this case, the medication in question is an antipsy-chotic, Riggins, 504 U.S. at 134, 112 S.Ct. 1810, for the use of such medications threatens an individual’s “mental, as well as physical, integrity,” United States v. White, 620 F.3d 401, 422 (4th Cir.2010) (Keenan, J., concurring). On the physical side, there is the “violence inherent in forcible medication,” id., compounded when it comes to antipsychotics by the possibility of “serious, even fatal, side effects,” Harper, 494 U.S. at 229, 110 S.Ct. 1028. But it is the invasion into a person’s mental state that truly distinguishes anti-psychoties, a class of medications expressly intended “to alter the will and the mind of the subject.” United States v. Bush, 585 F.3d 806, 813 (4th Cir.2009) (quoting Harper, 494 U.S. at 238, 110 S.Ct. 1028 (Stevens, J., concurring in part and dissenting in part)).

For those reasons, as we have recognized, the forcible administration of anti-psychotic medication “constitutes a deprivation of liberty in the most literal and fundamental sense,” Bush, 585 F.3d at 813 (quoting Harper, 494 U.S. at 238,110 S.Ct. 1028 (Stevens, J., concurring in part and dissenting in part)), justified only by a government interest that rises to the level of “essential” or “overriding,” Sell v. United States, 539 U.S. 166, 178-79, 123 S.Ct. 2174, 156 L.Ed.2d 197 (2003) (quoting Rig-gins, 504 U.S. at 134, 135, 112 S.Ct. 1810). The government’s interest in prison safety and security, the Supreme Court held in Harper, qualifies as such an interest, and may justify involuntary medication when an inmate suffering from a “serious mental illness” is “dangerous to himself or others,” and “the treatment is in [his] medical interest.” 494 U.S. at 227, 110 S.Ct. 1028.

Under certain circumstances, a mentally ill defendant who is not dangerous to himself or others within the meaning of Harper may nevertheless be forcibly medicated for the sole purpose of rendering him competent to stand trial. See Sell, 539 U.S. at 179, 123 S.Ct. 2174. But that is the exception, not the rule. Forcible medication is not justified every time an incompetent defendant refuses treatment; on the contrary, “those instances may be rare.” Id. at 180, 123 S.Ct. 2174. As we have emphasized, forcible medication under Sell is “a tool that must not be casually • deployed,” and courts must be vigilant to ensure that such orders, which “carry an unsavory pedigree,” do not become “routine.” United States v. Chatmon, 718 F.3d 369, 373-74 (4th Cir.2013).

To “minimize[ ] the risk of erroneous decisions in this important context,” [420]*420we have set a deliberately high standard for the government to satisfy before it may forcibly medicate solely to render an inmate competent to stand trial. Bush, 585 F.3d at 814. Like other courts of appeals to consider the issue, we require that the government meet its burden by the “clear and convincing” standard. Id.; see, e.cj., United States v. Dillon, 738 F.3d 284, 292 (D.C.Cir.2013) (“Holding the government ' to a clear and convincing standard of proof affords due regard to the nature of the liberty interest at stake in forced-medication cases.”); United States v. Green, 532 F.3d 538, 545 (6th Cir.2008) (applying clear and convincing standard); United States v. Gomes, 387 F.3d 157, 160 (2d Cir.2004) (same). That is a heavy burden, requiring “evidence of such weight that it produces in the mind of the trier of fact a firm belief or conviction, without hesitancy, as to the truth of the allegations sought to be established,” or “evidence that proves the facts at issue to be highly probable.” United States v. Heyer, 740 F.3d 284, 292 (4th Cir.2014) (quoting Jimenez v. DaimlerChrysler Corp., 269 F.3d 439, 450 (4th Cir.2001)).

In this context, we require that the government prove by clear and convincing evidence each of four factors. “First, the government must show that ‘important governmental interests are at stake’ and that special circumstances do not sufficiently mitigate those interests.” White, 620 F.3d at 410 (quoting Sell, 539 U.S. at 180, 123 S.Ct. 2174). Second, the government must show that “involuntary medication ... significantly further[s] [its] interests,” which requires proof that the medication is “substantially likely to render the defendant competent to stand trial” and “substantially unlikely to have side effects that will interfere significantly with the defendant’s ability to assist counsel at trial.” Id. (quoting Sell, 539 U.S. at 181, 123 S.Ct. 2174) (internal quotation marks omitted). “Third, the involuntary medication must be necessary to further the government’s interests, and less intrusive means must be unlikely to achieve substantially the same results.” Id. (citing Sell, 539 U.S. at 181, 123 S.Ct. 2174). Fourth and finally, “the court must conclude that the administration of drugs is medically appropriate and in the patient’s best medical interests in light of [his] medical condition.” Id. (citing Sell, 539 U.S. at 181,123 S.Ct. 2174). With this demanding standard in mind, we now consider whether the district court properly found that forcible medication is justified in this case. United States v. Watson, No. 1:13-cr-366, 2014 WL 1901256, at *1 (E.D.Va. Apr. 29, 2014).

II.

A.

On September 28, 2012, Watson was observed shooting a handgun at a Coast Guard helicopter flying overhead.

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Cite This Page — Counsel Stack

Bluebook (online)
793 F.3d 416, 2015 U.S. App. LEXIS 12371, 2015 WL 4385697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-john-watson-jr-ca4-2015.