Conference Information MindFreedom 2005 Action Conference Washington, D.C., U.S.A. "Activism for Human Rights in Mental Health: How the Law Can Support Grassroots Action for Human Rights in the Mental Health System." April 29 to Monday May 2, 2005 American University Washington College of Law

Legal Track
How The Law Can Help Fight Forced Treatment 

Focus: Fight the increased use of force in the mental health system by combining the tools of the legal system and grassroots activism. Facilitators include: attorney/survivor Jim Gottstein, Director of the Law Project for Psychiatric Rights (PsychRights).

Results of Conference

The Legal Track decided that there are many different ways and avenues to fight forced "treatment" and working on this single action item was both the most important thing and plenty to do.[1]  For a number of reasons, including being able to utilize the resources available and because the laws involving involuntary "treatment" are state-specific the organizational structure and follow-up mechanism the Legal Track adopted is employ State Coordinators.  The key things the State Coordinators will work on are: 

• Recruiting Lawyers
  • Pro Bono programs
  • Law Schools
  • Lawyer organizations
• Identifying & Recruiting Expert Witnesses
• Finding Cases
  • System Change Cases
    • Appeals
  • Create Trouble for Hospitals
  • Help people
• Providing Information
  • "cookbook" for the various states.
• Coordinating with the MindFreedom Shield Program (http://www.mindfreedom.intenex.net/shield/)

 PsychRights will help with technical assistance and advice, including preparing materials for use by the State Coordinators and post state specific information on its website.  The State Coordinators will be the follow up Committee and Jim Gottstein was elected to be the liaison to MindFreedom.

State Coordinators (or people who have agreed to try and find one):

• Krista Erickson/Jodi Norman—Illinois
• Yvonne Smith Interim Coordinator  -- District of Columbia
• Anne Dox  -- New York
  • Greater Upstate Law Project.  gulpny.org
• Louise Bouta Interim Coordinator – Minnesota
• Byron Stith Coordinator Recruiter – Virginia
• Francesca Allan  -- BC, Canada
• Jim Rye Recruiter -- Michigan
• Aby Adams – Massachusetts
• Janie Lee -- Kentucky
• Jim Gottstein -- Alaska
• Sandy Lykins -- Oklahoma

 Of course, the Track is seeking State Coordinators for all of the other states as well. 

 In addition Byron Stith has agreed to help in recruiting lawyers by contacting lawyer organizations, such as Trial Lawyers for Public Justice and Krista Erickson has agreed to co-coordinate the Legal Track.

 Measures to be Used to Monitor Progress and Effectiveness (How will we know whether we’re being successful or not?)

 The following measures were developed to know how we are doing:

• No of State Coordinators
• No of Lawyers
• No of Expert Witnesses
• Cases
  • Results of Cases
• Other concrete impacts

Track Participants

• Jim Gottstein – Facilitator
• Nels Kurt Langston
• Krista Erickson
• Aaron Frishberg
• Alison Hymes
• Byron Stith
• Jodi Norman
• Francesca Allan
• Anne Dox
• Louise Bouta
• Yvonne Z. Smith
• Terry Grimes
• Aby Adams
• Marcus Planet
• Janie Lee
• Andrew Phelps
• Paula Caplan
• Ron Thompson
• Nat Lehrman
• Stephen A. McFadden
• Leslie Dugas
• James Rye

Pre Conference Materials

Facilitator Jim Gottstein has written two articles that describe the legal setting and outlines a legal campaign against forced drugging. 

• Psychiatry: Force of Law, describes the basic legal principles involved in forced psychiatry and how these principles are corrupted in practice.

• Unwarranted Court Ordered Medication: A Call to Action, outlines a serious, coordinated legal campaign against forced psychiatry.

In thinking about possible grass roots activism that could be combined with the tools of the legal system  Jim has suggested the following as potential action items

1. State Coordinators.

2. File Ethics Complaints against the state paid lawyers who are essentially working for the other side.

3. File criminal charges against psychiatrists for assault (thanks to Mickey Weinberg for this one).

4. Recruit Pro Bono Lawyers to make serious cases

5. Recruit "good" psychiatrists to serve as expert witnesses

6. Encourage greater use of MindFreedom Shield Program

7. Take over agenda setting of Protection and Advocacy Agencies

   1. get them to bring 42 USC § 1983 cases.

8. Pro Se (on your own) lawsuit against Psychiatrists.

These are just some action ideas that could be explored and have been presented here to get people thinking about possible grass-roots approaches. 

Last modified 5/13/2005