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October 10, 2004ICSPP New York City1 PsychRights’ Legal Campaign Against Forced Drugging and How You Can Participate James B. Gottstein, Esq. Law Project.

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Presentation on theme: "October 10, 2004ICSPP New York City1 PsychRights’ Legal Campaign Against Forced Drugging and How You Can Participate James B. Gottstein, Esq. Law Project."— Presentation transcript:

1 October 10, 2004ICSPP New York City1 PsychRights’ Legal Campaign Against Forced Drugging and How You Can Participate James B. Gottstein, Esq. Law Project for Psychiatric Rights

2 Jim Gottstein Attorney/Psychiatric Escapee

3 Working on Mental Health Issues for Over 20 Years in Alaska Bald Mountain

4 Floats Founded PsychRights in 2002 after Reading Mad in America Founded PsychRights in 2002 after Reading Mad in America

5 Cabin Working on a Soteria-Alaska Pilot Project

6 Red Shirt Virtually Full Time Pro Bono fighting Forced Drugging

7 October 10, 2004ICSPP7 The Legal Setting:  Involuntary Commitment  Forced Medication  The Reality

8 October 10, 2004ICSPP8 Involuntary Commitment Standards 1. Mentally Ill, and 2. A Danger to Self or Others, or, (in some states) 3. Gravely Disabled (not sanctioned by US Supreme Court)

9 October 10, 2004ICSPP9 Forced Medication Standards  State Laws may define Federal Rights (Mills v. Rogers) –Incompetent to Decline (Refuse) –“Professional Judgment” (Youngberg v. Romeo/Rennie v. Klein) –“Best Interests” Where Junk Science Comes InWhere Junk Science Comes In –“Substituted Judgment” –“Least Restrictive Alternative”

10 October 10, 2004ICSPP10 The Reality Courts accept... testimonial dishonesty,... specifically where witnesses, especially expert witnesses, show a "high propensity to purposely distort their testimony in order to achieve desired ends."... Experts frequently... and openly subvert statutory and case law criteria that impose rigorous behavioral standards as predicates for commitment... This combination... helps define a system in which (1) dishonest testimony is often regularly (and unthinkingly) accepted; (2) statutory and case law standards are frequently subverted; and (3) insurmountable barriers are raised to insure that the allegedly "therapeutically correct" social end is met.... In short, the mental disability law system often deprives individuals of liberty disingenuously and upon bases that have no relationship to case law or to statutes. The ADA and Persons with Mental Disabilities: Can Sanist Attitudes Be Undone? by Michael L. Perlin, Journal of Law and Health, 1993/1994, 8 JLHEALTH 15,

11 October 10, 2004ICSPP11 “The Reason:” “Traditionally, lawyers assigned to represent state hospital patients have failed miserably in their mission” Houston Law Review January, 1991 Health Law Issue COMPETENCY, DEINSTITUTIONALIZATION, AND HOMELESSNESS: A STORY OF MARGINALIZATION Michael L. Perlin

12 October 10, 2004ICSPP12 The Reason Behind the Reason: Society Demands It  Even if we agree with what you (Bob Whitaker) are saying, we won’t be allowed to do what you suggest. Reaction of Alaska Psychiatric Institute psychiatrists to Bob Whitaker’s presentation.

13 October 10, 2004ICSPP13  Public Education  Alternatives  Serious, Coordinated Legal Attack on Science What to Do

14 October 10, 2004ICSPP14 Public Education  Historic Opportunity –SSRI Debacle  The Fraudulent Science is Now Known  The Damage Has Been Documented  Natural Allies –AHRP –MindFreedom –PsychRights –ICSPP –NARPA –ISPS, Aspire, Drug Awareness –Others?

15 October 10, 2004ICSPP15 Alternatives Are Essential Constitutional Right to Least Restrictive Alternative Meaningless without them.

16 October 10, 2004ICSPP16 PsychRights Efforts  System Change legal challenges  Selective Representation  Assistance for cases –Consulting –Briefing –Expert Witness Fees –Referrals ExpertsExperts AttorneysAttorneys  Technical Assistance –Website Materials

17 October 10, 2004ICSPP17 Expert Witnesses  Absolutely Critical  Need to Pay  Identify

18 October 10, 2004ICSPP18 Some Specific PsychRights Efforts  Myers Forced Drugging Case in Alaska  Child case in North Carolina  “Rogers Orders” in Massachusetts  Psychotropic Induced Homicide in Utah  Many unfulfilled requests –Montana, Nebraska, Ill., Texas, Minn, Mass....  PPRA Form Letter  ICMHP Letter  Forced Drugging in Prison Case  Threatened Informed Consent Case

19 October 10, 2004ICSPP19 Ways to Participate  Expert Witnesses  Alternative Treatment Options  Action Conference in DC end of April/beginning of May  Volunteers –Grant Writing –Webmastering?? –Research,Organizing, Office –Other  $$$$ (of course)

20 October 10, 2004ICSPP New York City20 Carpe Diem

21 October 10, 2004ICSPP21 Mt. McKinley (Denali) Thank You For Coming

22 October 10, 2004ICSPP22 Medication Coercion Pervasive  Medicaid/Medicare/Managed Care  Community Mental Health Services  Housing  Public Assistance  Family  Criminal System (including “diversion” programs)

23 October 10, 2004ICSPP23 Specific PR Steps  Counter Every Psycho-Pharmaceutical Complex Claim  Talk Shows  News Shows  Develop Relationships  Develop Scandal Stories  Etc.  i.e., Serious Public Relations Effort


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