Law Project for Psychiatric Rights: PsychRights  


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New York

George Badillo is PsychRights New York Coordinator.

Legal


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

    Big Pharma Oriented Programs

    News


    Last modified 4/12/2016
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