February
3, 2005
Alaska Bar Assn Health Law Section
15
In
Prison
¨Washington v.
Harper, 494 U.S. 201, 110 S.Ct. 1028 (1990): Allows Administrative Proceeding but Right to:
1.An
unbiased, independent decision maker.
2.Notice.
3.Be
present at an adversary hearing.
4.Present
and cross-examine witnesses.
¨Must Be Medically
Appropriate (except Emergency)
¨Bavilla v. State of
Alaska
–Got Department Dead to
Rights Violating Harper
–Dismissed on Sovereign
Immunity Grounds
•Admissions waiting for
new case (Bavilla declined to pursue appeal or new
case)