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Landmark Cases
Case Name: U.S. v.SELL, SELL v. U.S.,
Date, Location, Cite: 2003 Michigan
282 F.3d 560; 539 U.S. 166/ 2003 WL 21372478 (U.S.)
US SUPREME COURT
Dr.
Sell, a dentist, was charged with making false claims to Medicaid and private
insurance companies for dental services that had not been provided. Subsequently,
he was also charged with attempting murder x2. In 1999, Sell was found IST and
hospitalized at the Fed Med in Springfield, Missouri. He was diagnosed with delusions
but refused medication. A federal magistrate approved the involuntary
administration of medication, and the decision was upheld by both a medical
center administrative review and the district court.
In
March 2002, a divided panel of the court of appeals affirmed the district court’s
judgment. The circuit court concluded that Sell could be medicated
involuntarily.
The
Supremes chose to restate it in more detail:
To
involuntarily medicate a defendant to restore competency to stand trial:
(1) must present an essential
state interest that outweighs the individual’s interest in remaining free from
medication;
(2)
must prove that there is no less intrusive way of doing this and
(3)
the government must prove by clear and convincing evidence that
the Medication is medically appropriate by showing that:
(a) it is likely
to render the patient competent;