United States v. Osborn
Opinion
In
Sell v. United States
,
First, a court must find that important governmental interests are at stake. ...
....
Second, the court must conclude that involuntary medication will significantly further those concomitant state interests. ...
Third, the court must conclude that involuntary medication is necessary to further those interests. ...
Fourth, ... the court must conclude that administration of the drugs is medically appropriate , i.e. , in the patient's best medical interest in light of his medical condition.
Sell
,
But the Supreme Court cautioned that lower courts "need not consider whether to allow forced medication for that kind of purpose, if forced medication is warranted for a
different
purpose."
*978 But what happens when changed circumstances necessitate that a defendant be forcibly medicated under Harper after the district court has already authorized forced medication under Sell ? Does the Sell order stand, or should the court vacate the Sell order and start again on a clean slate? For the reasons we describe in more detail below, we hold that courts generally should vacate the Sell order and begin anew armed with the findings of the intervening Harper proceedings.
I.
Defendant Joan Osborn is one of the many individuals worldwide who must wake up each day and battle a severe and debilitating mental illness. A sixty-one-year-old woman, she has been diagnosed at different times with schizophrenia, possible depression, and possible post-traumatic stress disorder. She has thus spent a large portion of her life-on and off since 1982-in hospitals and mental health facilities for treatment. Most of her stays were not voluntary. Courts generally either civilly committed her to these institutions or placed her therein during pending criminal proceedings.
One of those alleged crimes leads us to where we are today. In mid-October 2014, Defendant allegedly called a United States district court judge and left a voicemail conveying a variety of brutal and obscene threats. A grand jury subsequently indicted Defendant for threatening to assault and murder a United States judge in violation of
The district court stayed its order of commitment so Defendant could appeal its competency determination to this Court. While that appeal was pending, the United States Marshals Service held Defendant at the Salt Lake County Jail in Utah. And while at the Salt Lake County Jail, jail employees forcibly injected Defendant with the antipsychotic Prolixin Decanoate ("Prolixin") against her will from approximately June 2016 to October 2016 without notifying her attorney. The district court initially ordered the jail to stop this practice after Defendant's attorney brought an emergency motion to halt it. But after a hearing, the district court allowed the jail to continue its forcible medication of Defendant on Harper grounds "after finding [that] her mental state had deteriorated so severely to the point where she presented a significant danger to herself and to other inmates and officers."
On November 15, 2016-just two weeks after we affirmed the district court's determination that Defendant was incompetent to stand trial,
United States v. Osborn
,
Neither Dr. Hamilton nor Dr. Silvas agreed with Dr. Johnson's earlier conclusion that Defendant suffered from a delusional disorder. Instead, both concluded-Dr.
*979 Hamilton first, and Dr. Silvas second after relying in part on Dr. Hamilton's findings-that Defendant suffered from schizophrenia. For her part, Dr. Hamilton opined that Defendant was unlikely to regain competence to stand trial "without psychotropic medication." Dr. Silvas went a step further: he noted that "[t]reatment with antipsychotic medication for [schizophrenia ] is the established community standard" and that such treatment had a "substantial probability" of restoring Defendant's competence.
Dr. Hamilton's and Dr. Silvas's observations resulted in two Sell hearings-the first on July 13, 2017, the second on September 27, 2017-to determine whether the government could forcibly medicate Defendant to restore her competency. Several months later in early January 2018, and largely based on the testimonies of Dr. Hamilton and Dr. Silvas at the Sell hearings, the district court issued a thoughtful opinion authorizing the government to forcibly medicate Defendant under Sell .
In its opinion, the district court noted that "the parties do not dispute[ ] that Defendant is not currently dangerous to herself or to others." So although just a little over a year prior the district court had allowed Salt Lake County Jail officials to forcibly medicate Defendant under Harper because she was a danger, the district court concluded that "involuntary commitment pursuant to Harper is unwarranted." After determining that the government had met each of Sell 's stringent requirements, the district court thus permitted the government to medicate Defendant with Risperdal Contra ("Risperdal"), another antipsychotic medication, every two weeks for six months. The district court authorized an initial dose of 12.5 milligrams but permitted a maximum dose of 50 milligrams.
Utilizing the collateral order exception to the final order rule of
In light of these changed circumstances, we asked the parties to submit supplemental briefing addressing whether Defendant's appeal is now moot. We also asked
*980
the parties to address whether we should nonetheless vacate the district court's
Sell
order even if it is not moot given the "general rule" that
Harper
proceedings should precede
Sell
proceedings.
United States v. Morrison
,
II.
Although officials at FMC Carswell are now forcibly medicating Defendant with Risperdal in dosages identical to those authorized under the Sell order, neither Defendant nor the government believes this case is moot. We agree.
The mootness doctrine ensures that federal courts decide only actual cases or controversies.
Brown v. Buhman
,
We evaluate mootness by considering "whether a favorable judicial decision would have some effect in the real world."
But the mootness doctrine contains an exception for "disputes that are capable of repetition, yet evading review."
Brown
,
Defendant's appeal meets these two requirements. First, the Sell order was in place for only a few months before officials at FMC Carswell began forcibly medicating Defendant with Risperdal under Harper . That short time frame did not give Defendant an adequate opportunity to challenge the Sell order before it became excessive and redundant.
*981
Second, if we dismiss this case as moot, officials at FMC Carswell may very well attempt to medicate Defendant under the
Sell
order again in the future. Indeed, their right to medicate Defendant with Risperdal under
Harper
lasts only as long as she remains a danger to herself or others. But once she is no longer a threat-a possibility that her medical history suggests-those officials cannot continue administering Risperdal on that basis. Rather, they will need to take an entirely different avenue if they wish to continue forcibly medicating her. And thus the parties will end up back at square one: the government will use the
Sell
order to forcibly medicate Defendant to render her competent to stand trial; Defendant will likely appeal that order; and a panel of this Court will again dismiss that appeal as moot if Defendant again becomes dangerous to herself or others and thus needs to be medicated under
Harper
. This pattern could feasibly repeat in perpetuity. It therefore "fit[s] comfortably" within the mootness exception for disputes that are capable of repetition yet evading review.
Wis. Right to Life
,
Accordingly, Defendant's appeal is not moot, and we retain subject matter jurisdiction over her appeal.
III.
Turning to the merits, we hold that courts generally should vacate a Sell order and begin anew when a defendant is forcibly medicated at a later date under Harper .
The primary reason stems from the Supreme Court's rationale in
Sell
-namely, that
Harper
proceedings are generally more "objective and manageable" than
Sell
proceedings and can thus "help to inform expert opinion and judicial decisionmaking in respect to a request to administer drugs for trial competence purposes."
Sell
,
*982
Consider, for example, the facts of this case. The stayed
Sell
order authorized FMC Carswell officials to forcibly medicate Defendant with Risperdal, which they later used to alleviate Defendant's dangerousness under
Harper
. The officials, therefore, have now had the opportunity to gauge Defendant's response to Risperdal for several months and can thus more accurately opine whether Risperdal may restore Defendant's competency. Granted, FMC Carswell officials have not primarily been concerned with competency restoration while forcibly medicating Defendant under
Harper
. They nonetheless possess evidence relevant to determining whether Risperdal will restore Defendant to competency by the very nature of the more "objective and manageable"
Harper
criteria.
See, e.g.
,
Sell
,
Our holding today also reinforces the idea that
Sell
orders are strong medicines that courts should not lightly dispense. As the Supreme Court itself pointed out, the government should only forcibly medicate defendants to restore their competency for trial in "rare" and "limited circumstances."
United States v. Valenzuela-Puentes
,
Further, our holding today prevents the government from gaming the system. When officials cannot immediately execute a Sell order, they may be tempted to achieve a comparable result in the meantime by using Harper proceedings to forcibly medicate the defendant with the same or similar medication that the Sell order authorized. Vacating the underlying Sell order discourages that possibility-however likely or unlikely it may be-because it prevents the government from keeping that order in its back pocket once the intervening Harper proceedings end.
We are not implying that intervening
Harper
proceedings necessarily or even usually suggest that the government has ill motives.
4
To the contrary, we recognize that mental illnesses wax and wane over time and that the government may often have strong reasons for seeking forced medication under
Harper
to alleviate a defendant's dangerousness even after the entry of a
Sell
order. With that said, "the vital constitutional liberty interest at stake" in
Sell
hearings,
United States v. Bradley
,
As a final note, we observe that "[t]here may be occasions when it is appropriate" to keep a
Sell
order in place even though the government forcibly medicates a defendant at a later date under
Harper
.
Morrison
,
IV.
FMC Carswell officials forcibly medicated Defendant under Harper after the district court had already authorized forcible medication under Sell . In light of this development, we vacate the underlying Sell order.
We discern no extenuating circumstances suggesting that the Sell order should remain in place. In fact, the circumstances of this case suggest the opposite. As we mentioned previously, because officials have forcibly medicated Defendant with Risperdal for several months under Harper , they can now gauge the effect of that treatment on Defendant. This will allow the officials to more accurately predict whether antipsychotic medication could render Defendant competent.
This is especially true when viewed in tandem with Dr. Silvas's testimony at the Sell hearings. The psychiatrist testified repeatedly that it was important for him to know whether Defendant had previously received antipsychotic medications and, if so, whether they were effective. But he also testified repeatedly that he was unfamiliar with those details of Defendant's medical history. Because the district court relied so heavily on Dr. Silvas's recommendations when granting its initial Sell order, these candid admissions under oath concern us. Dr. Silvas, however, can supplement his previous testimony in this regard (if, of course, the government chooses to pursue a new Sell order on remand) by reviewing the results of Defendant's forcible medication with Risperdal under Harper .
We thus VACATE the district court's Sell order and REMAND for further proceedings consistent with this opinion. 5 , 6
We stayed the district court's Sell order pending resolution of this appeal.
FMC Carswell officials conducted this second
Harper
proceeding because they considered Defendant to be "gravely disabled." Under our precedent, "a finding that a patient is 'gravely disabled'
includes
a determination that the patient is 'dangerous to [herself].' "
Jurasek v. Utah State Hosp.
,
Further, when describing the second Harper proceeding throughout the course of this opinion, we use all-encompassing terms like "dangerousness" for the sake of simplicity and consistency.
We also asked the government whether it would relinquish its reliance on the district court's Sell order given that, after the most recent Harper proceedings, Defendant has already been forcibly medicated with Risperdal. The government responded that it "does not wish to relinquish future reliance on the Sell order" because "[t]he existence of a valid Sell order will allow for Defendant's continued medication if and when she no longer satisfies the Harper criteria."
Indeed, we do not suggest the government or FMC Carswell officials acted with any ill motives in this case.
We pass no judgment today on whether the government maintains an important interest in forcibly medicating Defendant to render her competent for trial-i.e., the first of the four
Sell
factors. With that said, Defendant has now spent over four years in pretrial detention. Thus, if the government chooses on remand to continue its quest to forcibly medicate Defendant under
Sell
, we note that "[t]he clock is ticking."
Valenzuela-Puentes
,
We DENY AS MOOT Defendant's Motion to Expedite her case. We GRANT Defendant's Motion to Seal the records attached to her Motion to Expedite.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff - Appellee, v. Joan OSBORN, Defendant - Appellant.
- Cited By
- 3 cases
- Status
- Published