PsychRights: New York

Law Project for Psychiatric Rights: PsychRights

New York

Legal

In Giffen v. Hoffman, May 10, 2018, the Appellate Division of the New York Supreme Court (which is its trial court) ruled that Mr. Giffen's constitutional right to a habeas corpus hearing regarding his psychiatric imprisonment was denied by the trial court.
DeLia v. Munsey, October 22, 2015, held that the State has to discharge someone against whom a retention petition has not been filed before the end of the commitment period if a common law writ of habeas corpus is filed, regardless of the separate mental health law habeas provision.
CRIPA Investigation of the New York City Department of Correction Jails on Rikers Island on the treatment of adolescent male inmates, by United States Department of Justice , August 4, 2014.
Matter of Adam K., August 14, 2013, Appellate Division decision affirming denial of forced drugging petition with a discussion of the criteria for forced drugging.
People v. Oliveras, June 6, 2013, holding failure to review mental health records constitutes ineffective assistance of counsel in murder case.
In re Demeris L, December 31, 2012, the trial court case held that supported decisionmaking was a constitutionally required less restrictive alternative to a guardianship.
Federal Court Decision ruling that New York's larger Adult Homes violate the Americans with Disabilities Act (ADA), September 8, 2009.
New York Is Ordered to Move Mentally Ill Out of Group Homes, by A.G. Sulzberger, The New York Times, March 1, 2010.
- Court Decision, March 1, 2010
- Court Order, March 1, 2010

Inpatient Forced Drugging (Rivers v. Katz)

Rivers case description, which establishes a number of procedural safeguards for people facing forced medication.

Mental Hygiene Law Court Monitoring Project: Part 1 of Report: Do Psychiatric Inmates in New York Have the Right to Refuse Drugs? An Examination of Rivers Hearings in the Brooklyn Court.

Woman Dies on Kings County Hospital Floor

PsychRights To New York Medical Examiner: Did Psychiatric Drugs Cause Esmin Green's Fatal Blood Clot? August 14, 2008.

Letter to Chief Medical Examiner, Charles Hirsch, MD, August 14, 2008.

Response from the Office of Chief Medical Examiner, August 21, 2008.

Kings County Hospital doctors, nurses facing charges in Esmin Green death-by-neglect case, by John Marzulli, New York Daily News, June 19, 2009.

New York City Department of Investigation's report on Investigation into the Circumstances Surrounding the Death of Esmin Green, June, 2009.

Criminal Inquiry Begins in Waiting-Room Death, by Anemona Hartocollis, The New York Times, July 15, 2009.

Deal Made to Monitor Brooklyn Hospital, by Anemonia Hartocollis, The New York Times, January 8, 2010.

OutPatient Forced Drugging (a/k/a "Kendra's Law)

Matter of Miguel M., New York Court of Appeals, May 10, 2011, holding that the disclosure of a respondent's medical records in the context of a MHL section 9.60 proceeding (commonly known as Kendra's Law"), without notice to the respondent and absent a court order, is a violation of the HIPAA Privacy Rule.

Use of Records for Kendra's Law Faulted for Violating Privacy Act, New York Law Journal, May 11, 2011.

February 17, 2004, decision by New York's high court upholding outpatient commitment; In the Matter of K.L. by saying it wasn't a forced drugging statute.

PsychRights' Launches Pro Bono Recruitment Effort with MindFreedom's Ann L Human Rights Alert, August 18, 2008.

Memorandum (Preliminary): Forced Psychiatric Drugging in the Community --Pro Bono Opportunity of Great Significance, August 18, 2008.

Mental Hygiene Law §9.60 (Kendra's Law)

Implementation of "Kendra's Law" is Severely Biased, New York Lawyers for the Public Interest, April 7, 2005.

Forced Electroshock

In the Matter of Simone D, New York Court of Appeals (New York's Highest Court) Decision affirming the lower courts' forced electroshock decisions, June 27, 2007.

New York's High Court Condones Shocking Injustice, PsychRights Media Release on New York state Simone D. decision.

Intermediate Appeals Court Decision (September 19, 2006)

Mental Hygiene Legal Services Memo

Amicus Brief of Disability Advocates, Inc., Judge David L. Bazelon Center for Mental Health Law, Law Project for Psychiatric Rights (PsychRights), Mental Disability Law Clinic of Touro College, Jacob D. Fuchsberg Law Center, Mental Health America (formerly National Mental Health Association), National Association of Rights Protection and Advocacy, National Disability Rights Network, New York Association of Psychiatric Rehabilitation Services and, New York Lawyers for the Public Interest

New York State Psychiatric Association Amicus Brief

Shock treatment stirs debate in state: Woman who 'lost years' works to ban procedure, by Paul Grondahl, Albany Times Union, July 18, 2009.

New York Civil Liberties Union and Kirkland and Ellis Complaint against Kings County Hospital over inhumane conditions, Hirschfield v. New York City Health and Hospitals Corp.

New York Office of Mental Health Electroshock Policy, September 22, 2007.

On October 31, 2006, in Matter of Rhodanna C. B. the Appellate Division for the Second Division ruled that guardians can not consent to forced drugging of their wards, citing Rivers v. Kats

On November 21, 2006, in Harkavy v. New York, a New York Appeals court ruled Pataki acted illegally in transferring sex offenders to psychiatric hospitals after their terms ended without allowing them hearings.

New York Court of Appeals (New York's highest court) reversed Andrew Goldstein's conviction on December 20, 2005, for the murder of Kendra Webdale (of Kendra's Law Infamy) because a psychiatrist who testified for the prosecution recounted statements made to her by people who were not available for cross-examination (hearsay).

GlaxoSmithKline Settles NY Fraud Suit, August 26, 2004. See, Consent Decree (Settlement) and Press Release.

Complaint in June 2, 2004, New York Suit Against Glaxo Smith Kline for fraud in connection with Paxil.

Background on NY State forced outpatient psychiatric drugs from MindFreedom/Support Coalition International

Non-Legal

Abuse is Found at Psychiatric Unit Run by the City, New York Times, February 6, 2009.
- January 30, 2009, United States Department of Justice Civil Rights of Institutionalized Persons (CRIPA) report, CRIPA Investigation of Kings Country Hospital Center.
New York Advance Directive Handbook with Forms from New York Association of Psychiatric Rehabilitation Services (NYAPSRS).

Big Pharma Oriented Programs

News

US Court Ruling On Forced Drugging Favors Albany DMV Protester, North Country Gazette, October 25, 2005