PsychRights®
                   Law Project for
              Psychiatric Rights

Subject: Important Alaska Supreme Court Stay Order
From: Jim Gottstein
Date: Fri, 23 May 2008 18:07:28 -0800

Hi Everyone,

You may know that PsychRights has been battling with the Alaska Psychiatric Institute (API) over its forced drugging of Mr. Bill Bigley since December of 2006.    An out of date narrative is at http://psychrights.org/States/Alaska/CaseSeven.htm.  To summarize, API has been drugging him against his will since 1980 in at least 75 admissions.   Until last week, the hospital never got to a forced drugging hearing when PsychRights was representing him.  

In last week's trial, through the tremendous written testimony of Robert Whitaker, Ron Bassman, Sarah Porter, and even Loren Mosher of blessed memory, and through the written and live testimony of Dr. Grace Jackson, we put on what I think is fair to say a compelling case against the forced use of these drugs in general, and Risperdal Consta in particular, which was the drug the hospital intended to inject into Mr. Bigley against his wishes.  There was unrebutted evidence about the tremendous harm the drugging causes, including brain damage, as well as the physical harm, and how they prevent people from recovering.  The hospital's response was basically "that's what we do."  In other words, "that's the standard of care."

On Monday, the trial court ruled against us and in response to our motion for a stay pending appeal, gave us just 48 hours to get a stay from the Alaska Supreme Court.  What a stay means is that the order allowing the forced drugging is put on hold and the hospital can't act on it.  We filed an Emergency Motion for Stay Pending Appeal on May 20th and API asked for and was given more time to respond on the condition they not drug Mr. Bigley in the interim.  Today after considering our motion and API's opposition, the Alaska Supreme Court granted our Emergency Motion for Stay Pending Appeal.

I am writing because I think this Order from the Alaska Supreme Court is potentially very important in potentially forcing the hospital to use means other than forced drugging.  It is also very important in establishing the right to prevent forced drugging during the pendency of an appeal when a trial court orders that the forced drugging is allowed.  As we know, especially for people who haven't been on these drugs for a long period of time, just allowing them to avoid the drugs for such a period of time can be crucial in allowing them to get through a bout of psychosis and recover.

The whole set of documents, including transcripts are available at http://psychrights.org/States/Alaska/CaseSeven.htm#08-00493

--


James B. (Jim) Gottstein, Esq.
President/CEO

Law Project for Psychiatric Rights
406 G Street, Suite 206
Anchorage, Alaska  99501
USA
Phone: (907) 274-7686)  Fax: (907) 274-9493
jim.gottstein[[at]]psychrights.org
http://psychrights.org/

 PsychRights®
            Law Project for
       Psychiatric Rights

The Law Project for Psychiatric Rights is a public interest law firm devoted to the defense of people facing the horrors of forced psychiatric drugging.  We are further dedicated to exposing the truth about these drugs and the courts being misled into ordering people to be drugged and subjected to other brain and body damaging interventions against their will.  Extensive information about this is available on our web site, http://psychrights.org/. Please donate generously.  Our work is fueled with your IRS 501(c) tax deductible donations.  Thank you for your ongoing help and support. 

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