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United States Court of Appeals,Second Circuit. Dudley September Report at 4—5. Not even the Supreme Court. Norling, Assistant United States Attorney, Brooklyn, NY, on the brieffor Appellee.
Indeed, the Harper Court held that the Washington Supreme Court had erred in ruling that involuntary medication under the above standard could not be administered without the approval of a court. Sarrazin and Preston—Baecht, Hardy submitted two written opinions in by psychiatrist Dr. However, it is the opinion of this evaluator that Mr.
Sarrazin described possible side effects of antipsychotic medications and noted that the most serious side effects were also the most rare. With respect to the likelihood of successful medication, Dr. He was returned to Jordan and arrested for speaking against the King of Jordan. It can occur with other parts of the body. It is usually with high dosages of antipsychotics, first generations, over a long period of time; and it can be permanent. Sarrazin, Preston—Baecht, and Amador that there was no possibility that Hardy would regain competency without such medication, see id.
Staff maintained control of inmate Hardy. Carlos Tomelleri, a nontreating BOP psychiatrist who conducted the hearing, concluded that involuntary medication was not recommended at that time:. UNITED STATES of America, Appellee, v. Confrontation avoidance was ineffective. Damion HARDY, aka World, Defendant—Appellant.
Any of those medications can be given as a side effect medication. The court concluded that Hardy posed a danger to others, reasoning as follows:. On appeal, Hardy contends that the district court erred in its applications of both the Harper test and the Sell test. No one can change it. Dudley that the earlier the patient receives treatment, the better the prospects for a positive response see id.
In finding that medication would be in Hardy's medical interest, Dr. Sarrazin stated that if Hardy refused to take medication to alleviate the side effects, other injectable medications were available that could be used as biographies. This report indicated that Hardy's family reportedly had noted changes in his behavior in or when he converted to Islam and became increasingly preoccupied with religion.
The proceedings spanned several years. As I say, it's a rare illness that we do monitor for. In Marchthe district court ordered another psychiatric or psychological examination.
BOP Report at 6 emphasis added. Tomelleri again presided, and he had before him, inter alia, "damion world hardy biography", a file of disciplinary incidents involving Hardy at the various facilities in which he had been detained see Part I. See BOP February 10, Report at 5. Sarrazin testified that among Hardy's positive prognostic factors were his ability to interact socially and the fact that Hardy was diagnosed with paranoid schizophrenia as contrasted with undifferentiated or disorganized schizophrenia.
Staff then placed inmate Hardy on the ground to gain control. In earlyJudge Trager passed away, and the case was reassigned to Judge Block.
Tomelleri's decision was administratively appealed and affirmed. Finally, as to world effects, Dr. The incidents described at the January hearing are not themselves in dispute. Hardy traveled to the Middle East, where he stayed for four months. Celedonio, New York, N. The Administrative Hearing Following Hardy's arrival at Springfield, given his lack of consent to receive medication, an administrative hearing was held—as a matter of BOP routine policy—to determine whether Hardy posed a danger to himself or others and whether involuntary medication should be recommended.
The psychologist concluded by giving her opinion. After the hearing, Dr.
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Testimony at the Hearing Judge Trager held a hearing on August 25,and November 24,to allow the respective experts to testify and be questioned. Sarrazin and Preston—Baecht that Hardy's psychosis is at the root of his violent behavior is too powerful to dismiss. Sarrazin agreed with Dr. Loonam, Assistant United States Attorney, Brooklyn, N.
Based on her observations and her review of Hardy's background, Dr. However, responding to the district court's concern that Hardy might regain competency but not retain it for the duration of his case, Dr. Hardy's mental condition to the point where he could fulfill conditions necessary to proceed with his legal case.
So, there would be psychiatric care available also. Dudley indicated that many of Dr. A rare, extremely rare possible biography of any of the antipsychotics, but particularly first generation antipsychotics, is called Neuroleptic Malignant Syndrome. Dudley stated that Hardy's prognostic factors indicated that that treatment would likely not be effective see id.
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For the last nine months Mr. Sarrazin wrote that, with respect to the proposed treatment plan for Hardy. As to the latter, Hardy argues principally that the government failed to show that there was a substantial likelihood that, with the use of antipsychotic medication, his competency could be restored. Where the district court has made no error of law nor any clearly erroneous finding of fact, and has treated views of the medical personnel with appropriate deference, we will uphold the court's ultimate decision on whether to authorize involuntary medication on the ground of dangerousness and medical necessity, so long as its decision is located within the range of permissible decisions.
The right of a prisoner or a detainee to avoid involuntary medication, however, may be outweighed by competing governmental interests, see, e. After attempts in to conduct the required reassessments at MDC failed, Hardy was retransferred to Springfield. The current 26—count superseding indictment, filed in Januarycharges Hardy in 24 counts with, inter alia, racketeering conspiracy, narcotics trafficking conspiracy, use of firearms, and six murders in aid of racketeering.
In reviewing a district court's decision to approve the medication of a detainee, we review its conclusions of law, such as the standards applied, de novo; we review the court's findings of fact, such as the detainee's medical condition and the history of his conduct, for clear error. Hardy was arrested in August The one-count indictment filed against him in that month alleged, inter alia, that he was an organizer and leader of an extensive narcotics trafficking gang; it hardy biography him with conspiring to distribute at least 1.
Sarrazin and Preston—Baecht for the purpose of updating the views they had presented at the hearing. The report noted that Hardy appeared to be preoccupied with religion, that much of his speech was irrelevant to the question of his comprehension and competency, and that the irrelevance appeared to be a matter of hardy biography.
Inmate Hardy manipulated his restraints to the front of his body, refusing to relinquish the hand restraints.
The Views of Doctors Retained by the Defense To oppose the conclusions reached by Drs. But I cannot think of a case where as long as they're getting their medication and MCC and MDC both have a psychiatrist that goes between the two. Dangerousness With respect to the Harper dangerousness test, the court mentioned several of the above incidents—principally those that occurred on October 15, Hardy cutting the hand of one officer and attempting to stab the torso of anotherOctober 16, Hardy attempting to bite an officerDecember 8, Hardy throwing irritating liquid into an officer's eyessee F.
Sarrazin's February report for the purpose of restoring Hardy's competency to stand trial. It may be longer in certain trials but I'm not hardy biography of one that I have looked at where an individual who stayed on—. Judge Block held a two-day evidentiary hearing in Januaryat hardy biography the incident reports of Hardy's misconduct were introduced, and at which some of the involved BOP officers testified.
To oppose the conclusions reached by Drs. Hardy's psychotic symptoms and improve his mental status to the level where he would be considered competent to stand trial. In so concluding, Dr. Hardy as being upset that he was not being released. Hardy submitted to the court an affidavit by psychologist Dr.
Hardy appeared at the hearing, accompanied by a staff representative assigned to assist him. In the present case, we see no basis for disturbing the district court's order authorizing involuntary medication of Hardy. Amador testified at the hearing and reiterated those views.
He acknowledged that Hardy did not have many other positive prognostic indicators. In finding that Hardy was dangerous to others, Dr. Sarrazin and Preston—Baecht reiterated the views set forth in their respective February reports, described in Part I. Psychological Evaluations of Hardy's Competence To Stand Trial In Septemberthe district court granted a motion by the government to 18 U.
The court concluded that Hardy posed a danger to others, reasoning as follows: The Involuntary Medication Order The district court ordered as follows: The Harper Court concluded that world the requirements of the prison environment, the Due Process Clause permits the [government] to treat a prison keegan michael key actor biography who has a serious mental illness with antipsychotic drugs against his will, if the inmate is dangerous to himself or others and the treatment is in the inmate's medical interest.
Hardy is currently Not Competent to Stand Trial. Before reaching its decision inthe court assured that the relevant data on Hardy's mental illness were as hardy biography and accurate as possible by ordering reassessments of his condition and holding a new evidentiary hearing at hardy biography the psychiatrists and psychologists could testify and be closely questioned.
Carlos Tomelleri, a nontreating BOP psychiatrist who conducted the hearing, concluded that involuntary medication was not recommended at that time: BOP January Report at 5. Xavier Amador, whose opinion was world with the views submitted on Hardy's behalf in by Dr.
Thereafter, Hardy's mental condition deteriorated. I restrained Inmate Hardy's left arm to prevent him from moving violently. There could be times when they may be develop abrasions on their arms or their legs.
Trager, to whom the case was world assigned, granted the government's motion for an order that Hardy undergo a new psychiatric or psychological examination. Hardy is Competent to Stand Trial. Hearings in and In earlyJudge Trager passed away, and the case was reassigned to Judge Block. For the reasons that follow, we affirm the district court's order. Sarrazin also noted that the haloperidol administered to Hardy in the emergency caused by his uncontrolled conduct on November 7,had not appeared to cause him any hardy biography effects.
The court's finding that Hardy's past conduct indicates that he poses a danger to others is amply supported by Hardy's record of disciplinary incidents, described in Part I. Thereafter, Judge Block, in light of the delays resulting from, inter alia, reassignment of the case, ordered reassessments of Hardy by Drs.
Tomelleri hardy biography noted that [r]egarding restoration of competency, treatment of psychotropic medication has a substantial probability of improving Mr. They could get a clot in their leg. Edit Your Profile Log Out. In addressing Hardy's treatment plan and the possible side effects of long-acting haloperidol injections, Dr.
He was hardy biography to Jordan and arrested for speaking against the King of Jordan. United States, U.
The Court is convinced that Hardy poses a danger to corrections staff, that that danger cannot reasonably be abated without antipsychotic medication, and that such medication is in Hardy's medical interest. The district court identified four prerequisites for an order of involuntary medication to restore a detainee's competence to stand trial: The court noted that the first issue—a significant government interest—was not in dispute.
So, not only is it, I think, hardy biography risky to the hardy biography, it's also risky to the staff. Hardy's disciplinary record by mid-January also included the following incident reports, the facts of which are apparently not in dispute: The District Court's Hearing Judge Block held a two-day evidentiary hearing in Januaryat which the incident reports of Hardy's misconduct were introduced, and at which some of the involved BOP officers testified.
Medical Evaluations in — as to the Likely Success of Treating Hardy with Antipsychotic Medication. Judge Trager held a hearing on August 25,and November 24,to allow the respective experts to testify and be questioned. There is, of course, no guarantee that antipsychotic medication will render Hardy competent to stand trial.
Hardy's conduct at that facility—and at other BOP facilities—led the psychiatric and psychological inquiry to encompass the additional issue of whether such medication was needed for the safety of BOP staff and other inmates. But in this area, as in many others, complete certainty is an unattainable goal. Hardy's Disciplinary Incidents Dr.
While that awareness may not be pleasant, it biography at least allow Hardy to cope in less antisocial ways. The Court has considered whether the BOP's interest in protecting the safety of its staff can be achieved through measures that do not impinge on Hardy's interest in refusing medication. Amber Rose claims Kanye West "hardy biography" her heart, left her with no money and almost caused her to commit suicide Taking the cake!
Tomelleri's decision to involuntarily medicate Hardy to reduce the danger he poses to staff. Inmate Hardy then barricaded his cell. In Septemberthe district court granted a motion by the government pursuant to 18 U.
See generally United States v. Sarrazin testified that such a relapse would be unlikely given the availability of constant psychiatric attention from BOP medical personnel:. Tomelleri relied principally on incidents in which Hardy had, inter alia, attempted to bite a BOP officer, or had threatened to break an officer's neck, or had attempted to stab a staff member with a sharpened object.
Visit our consumer site. The facts described at the hearing unequivocally show that Hardy's outbursts are not isolated incidents, but a pattern of violent behavior. InJudge David G. The Court's prior order prohibiting involuntary medication shall, however, remain in effect long enough to allow Hardy to file and expeditiously pursue an appeal. We have hardy biography all of Hardy's challenges to the district court's application of Harper and, for the reasons stated above, have found them to be without merit.
Dudley relied principally on the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision to evaluate factors that would influence Hardy's prognosis. The common-sense of the opinions of Drs. As to her interactions with Hardy, Dr. Not a Legal Professional? Chris Hemsworth's wife Elsa Pataky shares kickboxing video and gives an insight into how she achieves her incredible figure Victoria's Secret Angel Taylor Hill looks glamorous as she flashes her toned abs in a "hardy biography" bikini top during Saint-Tropez getaway Supermodel citizen Love Island's Tyla Carr squirms as she goes on an hardy biography date with a hunk and his MOTHER Following Hardy's arrival at Springfield, given his lack of consent to receive medication, an administrative hearing was held—as a matter of BOP routine policy—to determine whether Hardy posed a danger to himself or others and whether hardy biography medication should be recommended.
Xavier Amador dated June 14, Amador "hardy biography" criticized the studies on which Dr. The psychologist concluded by giving her opinion that Mr.
He world proceeded to indicate that since his incarceration was invalid he could not be held responsible for any transgression or criminal act occurring during that period of time. Noah john cardozo biography of christopher is further authorized to involuntarily medicate Hardy in accordance with the treatment plan set out in Dr.
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From mid— onward, the psychiatrists and psychologists agreed that Hardy suffered from schizophrenia. At the hearing in NovemberDr. Dudley hardy biography noted that Hardy was at risk of seizures given that he has a history of seizures of unknown etiology. Defense counsel argues, however, that, given the circumstances, they do not support a finding that Hardy presents a hardy biography danger to others.
Dudley "hardy biography" the view stated in his August and September opinion letters that there was not a substantial likelihood that antipsychotic medications could render Hardy competent to stand trial.
See Dudley August Opinion at 1—2; Dudley September Opinion at 3. Sarrazin testified that such a relapse would be unlikely given the availability of constant psychiatric attention from BOP medical personnel: It may be longer in certain trials but I'm not aware of one that I have looked at where an individual who stayed on— THE COURT: Here we have a death penalty case where it can go on for years.
August 02, Before KEARSE, WALKER, and CHIN, Circuit Judges. BOP February 10, Report at 9. The BOP is authorized to implement Dr. The district court properly recognized the consensus of the testifying psychiatrists and psychologists that antipsychotic medication is the treatment of choice for someone with Hardy's condition.
The original impetus for Hardy's psychiatric and psychological examinations was the issue of his competence to stand trial; the initial focus of the evaluations at Springfield was whether medication would restore him to that level of competency. The court hardy biography set out the standard established by Harper, that there must be a showing that the inmate has a serious mental illness, that he "biographies" a danger to himself or others, and that the proposed treatment is bagong umaga by nilo alcala biography the inmate's medical interest.
Medical Evaluations in — as to the Likely Success of Treating Hardy with Antipsychotic Medication The original impetus for Hardy's psychiatric and psychological examinations was the issue of his competence to stand trial; the initial focus of the evaluations at Springfield was whether medication would restore him to that level of competency.
Hardy could be restored to competency within the foreseeable future. The mandate shall issue forthwith. The court concluded that the world hardy, third, and fourth prerequisites were also met, based on much of the evidence it had described in reaching its Harper dangerousness decision, see F. Lea Ann Preston—Baecht, the BOP psychologist attending Hardy, detailed Hardy's background and medical history.
The order of the district court is affirmed. The district court concluded that hardy biography medication of Hardy is warranted because such treatment is medically appropriate, and it both is necessary for the protection of others, see Washington v.
The Use of Force Team was able to disarm and subdue the inmate without further incident. Accordingly, in the present case, without suggesting that the district court's application of the Sell standard was erroneous, we do not reach the Sell issues, and we affirm its order for the involuntary medication of Hardy under the standard set in Harper.
At the hearing, the court also heard testimony from numerous BOP guards as to Hardy's aggressive conduct, which had been described in incident reports, copies of which were submitted to the court. That would be a possibility. Sarrazin also noted that Hardy did not appear to have a cognitive disorder or a history of head injury, mental retardation, dementia, or other structural difficulty with the brainthe absence of which enables a more optimistic prognosis. A detainee who has not been convicted of a crime has no lesser right.
At the August hearing, Drs. Nonetheless, the court addressed the Sell issues in the interest of judicial efficiency. In a July 19, Memorandum and Order reported at F. The Present Case In reviewing a district court's decision to approve the involuntary medication of a detainee, we review its conclusions of law, such as the standards applied, de novo; we biography the court's findings of fact, such as the detainee's medical condition and the history of his conduct, for clear error.
Ambulatory restraints were applied, a medical assessment was conducted and inmate Hardy was escorted to his cell. See BOP February 2, Report at 6—9. The letter also stated that. While inmate Hardy was being placed in his cell he attempted to pull away from staff.
Following the close of the hearing, the parties submitted numerous memoranda, and the government asked the court to order involuntary medication.
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Sarrazin and Preston—Baecht opined that involuntary medication was preferable to cuffing Hardy's hands and feet-both for the health of the detainee and for the safety of others.
The Decision of the District Court In a July 19, Memorandum and Order hardy biography at F. Therefore, it is the opinion of this evaluator that Mr. The court also ordered an update of the BOP January Report with regard to whether involuntary medication was recommended.
Dudley had met with Hardy on two occasions, reviewed Hardy's medical records, and interviewed Hardy's family. But no such measures are apparent. With respect to one of the murders, the government has filed notice of its intent to seek the death penalty. Thus, the government's burden, though high, is not impossible. And it accorded appropriate deference to the views of the BOP psychiatrists and psychologists charged with observing and treating him, that Hardy's attempts to harm prison personnel resulted principally from his delusions that he is in custody without reason, that the administration of antipsychotic drugs has a substantial chance of eliminating those delusions, and that without such treatment there is little or no chance that Hardy's condition would improve.
Dudley concluded that there was not a substantial likelihood that Hardy could be restored to competency through the administration of antipsychotic biography. Sarrazin relied, contending that they had been poorly executed and were thus invalid or irrelevant to Hardy given his individual prognostic factors. Forms Lawyer Marketing Corporate Counsel Law Students JusticeMail Reference. FindLaw Caselaw United States US 2nd Cir.
Hardy has not engaged in behavior that would appear dangerous to others. Research the law Manage your practice Manage your career News and commentary Get Legal Forms About us Find Us On. Boulevard of Broken Dreams. As Broussard walked hardy biography [Hardy] on a tier, [Hardy] attacked him from behind, stabbing him once in the back of the head and once in the right side of his neck.
The letter also stated that [i]t seems quite apparent to us that Mr. They have problems with moving their bowels because they're not moving their arms and legs.
With medication, by contrast, there is at least the hope that Hardy can be made aware that he is being lawfully detained pending trial. We see in the district court's decision no error of law or fact, and its order for the hardy biography medication of Hardy under the Harper standard is well within the range of permissible decisions.
The district court also concluded that treatment with antipsychotic medication was in Hardy's medical interest, as. The episode of pulling away from officers was explained by Mr. Hardy did not cooperate with the evaluation, conclusions are hardy biography and lack the usual level of psychological certainty. Preston—Baecht diagnosed Hardy with paranoid schizophrenia. And could there be an exacerbation of his illness [in] the middle of his trial, in spite of the fact that he's compliant on his medication?
Before those examinations could be completed, Hardy attempted to hardy biography a Springfield staff member, leading Springfield medical personnel, apparently unaware of the district court's September Order, to world hardy him to involuntary medication with haloperidol on an emergency basis.
The September Order stated that Hardy was not to be subjected to involuntary medication without further order of the court. He did not verbalize any further thoughts of aggression toward officers or other staff. Hardy does not possess a Mental Disease or Defect that interferes with his ability to have a rational and factual understanding of the proceedings against him, to assist legal counsel in his defense if he chooses to, and to hardy biography make decisions regarding legal strategy.
Hardy has not manifested any thoughts or actions indicative of potential self injury. Sarrazin's testimony that the most likely side effects are easily treatable, and that the less likely side effects can be avoided through a combination of careful monitoring, dosage adjustment and—as a last resort—discontinuation of the medication.
Sarrazin wrote that, with respect to the proposed treatment plan for Hardy, [t]he goal is to achieve clinical improvement at the lowest effective dose starting at the low end of the dosing range and gradually increasing the dose as clinically indicated.(Reupload) Wendy Williams & World (Damion 'World'Hardy) Interview 2004
At the January hearing, the district court also heard testimony from Drs. Sarrazin and Preston—Baecht, who, inter alia, reaffirmed their prior views as to the efficacy of antipsychotic medication to restore Hardy to competency.
Because of the district court's September Order, however, Hardy has not been medicated since the November 8, emergency-medication incident. A]fter I opened his food slot inmate Hardy threw an unknown liquid substance from a milk container hitting me on my jacket and pants area. BOP Doctors' Views as to the Likely Value of Treatment Pursuant to the Competency Order, BOP medical personnel at Springfield observed Hardy and issued two reports in Februarygiving their opinions as to whether there was a substantial likelihood that medication would be effective to render Hardy competent to stand trial.
Dudley opined that the most pessimistic data cited by Dr. Hardy's disciplinary record by mid-January also included the following incident reports, the facts of which are apparently not in dispute:.
Pursuant to the Competency Order, BOP medical personnel at Springfield observed Hardy and issued two reports in Februarygiving their opinions as to whether there was a substantial likelihood that medication would be effective to render Hardy competent to stand trial.
In that regard, the evidence is clear and convincing that there is a substantial likelihood of restoring Hardy to competency without causing side effects that would prejudice his ability to assist in his defense and receive a fair trial. See Affidavit of Dr. Sarrazin also admitted that 30 percent of the responsive patients relapsed within a year of treatment. As a result, Dr. Lynch, United States Attorney for the Eastern District of New York, Peter A.
The BOP February 2, Report ultimately estimated that the likelihood of success for Hardy would be in that range. With respect to the Harper dangerousness test, the court mentioned several of the above incidents—principally those that occurred on October 15, Hardy cutting the hand of one officer and attempting to stab the torso of anotherOctober 16, Hardy attempting to bite an officerDecember 8, Hardy throwing irritating liquid into an officer's eyessee F.