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Landmark Cases

Case Name: Rubie ROGERS, etal. v. COMMISSIONER of DMH, etal.

Date, Location, Cite: 1983 MA
390 Mass 489
MA Supreme Court via US Supreme Court order

Follow up of Rogers v. Okin - Class Action over restraint/seclusion/involuntary medications-MA Supreme Court. eventually said:
1-involuntary commitment does not=incompetent to decide Rx;
2-Incompetency MUST be determined by Court;
3-must be adjudicated incompetent BEFORE Rx;
4-JUDGE MUST make substituted Judgment BASED ON ROE;
5-in non-emergency, nothing justifies medications without permission;
6- forced medications appropriate to prevent "immediate, substantial, & irreversible deterioration of a Serious mental illness" [LAW ONLY IN MASS-BAD CASES MAKE BAD LAW-IGNORES DANGER TO SELF OR OTHERS OR STAFF, UNREALISTIC; SO FAR WORKS POORLY!] cf Clities