AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and
Detention Facilities
Force-Feeding of Prisoners
Monthly Law Journal Article: Forced Feeding or Medication of Prisoners, 2007 (12) AELE Mo. L. J. 301.
Detainees at Guantanamo
Bay who were cleared for release but remain detained there went on a hunger
strike demanding their release, and were force fed. A federal appeals court
held that they had the right to challenge the conditions of their confinement
in a habeas corpus proceeding, and that their claims were not barred by
the Military Commissions Act. The prisoners, however, failed to establish
that they were entitled to a preliminary injunction against the forced
feeding, since it served legitimate penological interests in preserving
the lives of the detainees and maintaining security and discipline. They
failed to show a likelihood that the force-feeding was unconstitutional.
The court also ruled that the protections of the Religious Freedom Restoration
Act did not apply to the detainees. As nonresident aliens, they were not
protected persons under the statute. Aamer v. Obama, #13-5223, 2014 U.S.
App. Lexis 2513 (D.C. Cir.).
The highest court
in New York has ruled that it did not violate a prisoner's rights to issue
a judicial order allowing him to be force fed via a nasogastric tube when
his hunger strike caused his health to deteriorate to the point that his
condition was believed to be life threatening. Bezio v. Dorsey, #65, 2013
N.Y. Lexis 859, 2013 NY Slip Op 3118.
Prison officials did not violate inmate's
constitutional rights by force-feeding him after he refused to eat for
nine days. Appeals court upholds jury's determination that prisoner's fast
was not for religious reasons. Introduction of evidence of prisoner's robbery
convictions to impeach his testimony was, at most, harmless error. Walker
v. Horn, No. 03-1896, 2004 U.S. App. Lexis 20379 (3rd Cir. 2004). [2004
JB Nov]
Injunction allowing the force-feeding of
an Illinois prisoner to keep him alive was justified by evidence that prisoner's
purpose in staging his hunger strike was protesting the conditions of his
confinement and attempting to manipulate correctional officials. People
of Illinois ex rel. Department of Corrections v. Fort, No. 4-03-0661, 2004
Ill. App. Lexis 1125 (4th Dist. 2004). [2004 JB Nov]
Prison officials were granted permission
to force feed an inmate who went on hunger strike for three weeks at the
point where his hunger strike becomes threatening to his life. The prisoner
stopped eating because he said he was upset about his daughter's death,
and the court granted prison authorities the right to monitor his condition
through blood tests and to feed him intravenously or through a feeding
tube at the point that his life is in jeopardy. In Re Robert Weeks, Circuit
Court, Livingston County, Ill., reported in The Chicago Tribune, p. 13
(Jan. 26, 2002). [N/R]
Quadriplegic prisoner in California had a right to refuse to submit to
feeding and medication, even if it meant his death; California Supreme
Court rules that right to refuse treatment and food does not depend on
prisoner's condition being terminal. Thor v. Superior Court (Andrew), 21
Cal.Rptr.2d 357, 855 P.2d 375 (Cal. 1993).