Cases/Briefs Flashcards
Rennie v. Klein
New Jersey law Administrative Bulletin 78-3 provides sufficient due process for forcing antipsychotic medication in committed patients. Provides for non-judicial, internal hospital review
Riese v. St. Mary’s
WIC 5325.2 in 1991 states committed patients have the right to refuse meds. To overturn that right, judicial review is required.
McGraw v. Sullivan
According to Saul Faerstein, a supreme court case that says moral wrongfulness, in addition to criminality are both included in the phrase “understand the wrongfulness of their actions.”
Nguyen v MIT.
Suicide in University students. (2018)
Han Duy Nguyen. Grad student-PhD in Marketing
Therapy for test-taking anxiety. Had 2 remote SA, Dep. Had Outside Psych. Did not f/u. Later, advisers tell him he should master out. The second time he was told to master out, he jumped off the roof of the building and died.
Ruling: Universities have “Special relationship” w/pt. either requirement here leads to a duty:
1- University has knowledge of SA close to school age
2- Knowledge of stated plan or intention for SA
To discharge the duty:
1- initiate suicide prevention protocol if school has one
2- Contact officials able to provide clinical care or
3- Emergency: call police/fire/emt
Regents of University of California v Superior court
Violence (2018)
Damon Thompson in 2008 contacted professors & deans complaining of mean peers (c/f paranoia/psychosis). He warned that if University failed to discipline the peers, he would “escalate into a more serious situation.” By Feb ‘09, he was afraid of being shot by peers (heard gun noises through the walls). He was taken to UCLA hosp & started on antipsychotics. Events continued.
Oct ‘09. He mentioned another student as a potential target of his retaliation. The next day, he stabbed a different student (Rosen). Rosen did not die, but has serious, life-threatening injuries.
Universities have “Special Relationship” w/pt.
Used vague language about “foreseeable violence” and a “duty to protect”
Brady v. Maryland
In a criminal case, if the prosecution has information that might be exculpatory for the defendant, they are obligated to turn it over
