George Badillo is PsychRights New York Coordinator.
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
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
Oliveras, June 6, 2013, holding failure to
review mental health records constitutes ineffective
assistance of counsel in murder case.
re Demeris L, December 31, 2012, the trial
court case held that supported decisionmaking was a
constitutionally required less restrictive alternative
to a guardianship.
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.
Drugging (Rivers v. Katz)
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,
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.
Launches Pro Bono Recruitment Effort with MindFreedom's
Ann L Human Rights Alert, August 18, 2008.
(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,
Big Pharma Oriented Programs
Last modified 5/10/2018
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