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Law Project for Psychiatric Rights v. State of Alaska
(Case No. 3AN 08-10115 CI)

In this lawsuit PsychRights is seeking declaratory and injunctive relief that Alaskan children and youth have the right not to be administered psychotropic drugs unless and until:

(i)    evidence-based psychosocial interventions have been exhausted,
(ii)    rationally anticipated benefits of psychotropic drug treatment outweigh the risks,
(iii)    the person or entity authorizing administration of the drug(s) is fully informed, and
(iv)    close monitoring of, and appropriate means of responding to, treatment emergent effects are in place,

and that all children and youth currently receiving such drugs be evaluated and brought into compliance with the above.

On May 27, 2009, the trial court decided PsychRights lacked standing and the case should be dismissed.   On June 16, 2009, the trial court issued a final judgment dismissing the case which we appealed June 30, 2009.  Oral argument was held April 14, 2010, and a decision might be expected around the end of 2010.

Supreme Court Case No. S-13558

• Notice of Appeal, June 30, 2009
• Points on Appeal, June 30, 2009
• Opening Brief, November 12, 2009
  • Excerpt of Record (All)        93 Megabytes
  • Excerpt of Record, Vol. 1    34 Megabytes
  • Excerpt of Record, Vol. 2    43 Megabytes
  • Excerpt of Record, Vol. 3    15 Megabytes
• State Brief, January 22, 2010.   6 Megabyes
• Reply Brief, February 16, 2010.

Superior Court Case No. 3AN 08-10115 CI

• Amended Complaint, through April 14, 2009 Amendment (2 Megabytes)
• Entry of Appearance, September 18, 2008
• Initial Pretrial Order, September 25, 2008
  • Motion For Extension of Time, September 30, 2008
  • Order Granting Extension, October 7, 2008
• Answer, October 13, 2008. (3 megabytes)
• Amended Routine Pretrial Order, October 23, 2008
• Amendment to Paragraph 22 of Amended Complaint, November 24, 2008.
  • Rejection of Amendment to Paragraph 22 of Amended Complaint, November 25, 2008.
  • Motion to Amend Amended Complaint, December 5, 2008.
  • State Non-Opposition to Amend Complaint, December 11, 2008.
  • Order Granting Motion to Amend Paragraph 22, December 17, 2008.
• Motion for Qualified Protective Order (HIPAA), January 30, 2009,
• Opposition to Motion for Qualified Protective Order, February 4, 2009.
• Reply re: Motion for Qualified Protective Order, February 9, 2009.
• Order Denying Motion for Qualified Protective Order at this time, February 10, 2009.
• Motion for Expedited Consideration of Motion for Stay of Discovery, March 12, 2009.
• Motion for Stay of Discovery, March 12, 2009
• Motion for Judgment on the Pleadings, March 12, 2009.
• Opposition to Motion for Expedited Consideration, March 17, 2009.
• Order Granting Expedited Consideration, March 18, 2009.
• Opposition to Motion to Stay Discovery (with Exhibits), (63 Megabytes) March 24, 2009.
  • Opposition to Motion to Stay Discovery (without Exhibits), March 24, 2009.
    • Separate Exhibits
    • Exhibits in one 50 Megabyte File
• Reply Re Motion to Stay Discovery, March 27, 2009.
• Opposition to Motion for Judgment on the Pleadings, March 31, 2009
  • Exhibit 1 June, 2008, CriticalThinkRx Curriculum, June, 2008  (19 Megabytes)
  • Exhibit 2 Facing Foster Care in Alaska Report on Mental Health Services, November 2008. (1 Megabyte)
  • Exhibit 3 Curriculum Vitae of James B. (Jim) Gottstein, Esq., September 12, 2008
  • Exhibit 4 Appointment of James B. Gottstein to the Probate Rules Subcommittee on Involuntary Commitments and the Involuntary Administration of Psychotropic Medication, June 28, 2007.
  • Exhibit 5 Washington Post Article, "Debate Over Drugs For ADHD Reignites Long-Term Benefit For Children at Issue," March 27, 2009
• Order Granting Stay of Discovery, March 31, 2009.
• Motion to Amend Complaint (Citizen-Taxpayer Standing/Medicaid Injunction), April 3, 2009.
• Qualified Non-Opposition to Motion to Amend Complaint, April 10, 2009.
• Reply Re: Motion for Judgment on the Pleadings, April 10, 2009.
• Order Granting Motion to Amend Complaint (Citizen-Taxpayer Standing/Medicaid Injunction), April 14, 2009.
• Transcript of Decision Denying Standing and Dismissing Complaint, May 27, 2009.
• Order Dismissing Complaint, May 27, 2009.
• Notice of Proposed Final Judgment, June 3, 2009.
• Final Judgment, June 16, 2009
• Order Granting Attorney's Fees, July 29, 2009.

Discovery

• PsychRights' Initial Disclosures, November
• Defendants' Initial Disclosures, November 24, 2008.

Documents

• Child Protective Services' Manual (referred to in Defendants' Initial Disclosures)

General Information/Media

• Alaska Admits It Is Incapable of Protecting Children and Youth in Its Care from Harmful Psychiatric Drugging, March 31, 2009.
• The vast majority of the scientific evidence behind the lawsuit and remedies come from CriticalThinkRx.Org.
• If you end up in jail, and are given dangerous drugs, the State of Alaska denies responsibility for damage to your health, The Teen Beat, April 2009.
• Alaska Admits It Is Incapable of Protecting Children and Youth in Its Care from Harmful Psychiatric Drugging, The Teen Beat, April 1, 2009.
• A Hero Protects America's Children from Psychiatric Abuse, Dr. Peter Breggin on the Huffington Post Blog, February 4, 2009.
• Psychiatric Drugging of Children - Intolerable, by Evelyn Pringle, Holistic Junction, February 13, 2009.
• Lawsuit Challenges Alaska Drugging of Youth in State Custody, The Teen Beat, February 1, 2009
• Facing Foster Care in Alaska report on Mental Health Services and Foster Care.
• Foster kids say medication is overprescribed; Legislative Meeting: Youths and graduates of the system offer alternatives, by Lisa Demer, Anchorage Daily News, November 15, 2008.
• News Release, September 2, 2008
• Questions and Answers

Attempts to Get Policy Makers to Address the Problem

• August 22, 2008, e-mail to Assistant Attorney General Stacy Kraly, with a copy to Attorney General Colberg.
• August 20, 2008, e-mail from Steve Van Goor, Bar Counsel, Alaska Bar Association
• August 20, 2008, e-mail to Assistant Attorney General Stacy Kraly, with a copy to Attorney General Colberg.
• June 11, 2008, E-mail to Bill Hogan, et al.
• March 4, 2008, response from Commissioner Jackson.
• February 4, 2008, letter to Governor Palin.
• Available 2005-2007 Alaska Behavioral Pharmacy Management Program Reports for Children Under 18. 13 Megabytes
• October 9, 2007, Letter from Senator Bettye Davis to Department of Health and Social Services Commissioner Jackson
• October 2, 2007, Response to September 27th letter.
• September 27, 2007, Letter to Commissioner Jackson under the Freedom of Information Act.
• March 22, 2007, Letter from Commissioner Jackson responding to Jim Gottstein's March 14, 2007, e-mail.
• March 14, 2007, e-mail from Jim Gottstein to Governor Palin and other Alaska policymakers.
• March 9, 2007, e-mail from Jim Gottstein to the Judiciary Committee of the Alaska House of Representatives, copied to Governor Palin and other Alaska policymakers.
• Out Of Sight, Out Of Mind, by Katy Parrish, insurgent49, November 4, 2005
• December 10, 2004, Letter to Sen. Dyson and Rep. Wilson calling for an investigation into the abuse of Alaska children in state custody by improper administration of psychiatric medications.

Last modified 5/5/2010
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