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U.S. v. CHARTERS

No. 86-5568.

863 F.2d 302 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Francis CHARTERS, Jr., Defendant-Appellant. AMERICAN PSYCHOLOGICAL ASSOCIATION, Amicus Curiae, v. AMERICAN PSYCHIATRIC ASSOCIATION, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided December 9, 1988.

Attorney(s) appearing for the Case

Thomas Rawles Jones, Jr. (William B. Moffitt, Lisa Bondareff Kemler, Moffitt & Jones, Alexandria, Va., on brief), for defendant-appellant.

Donald B. Verrilli, Jr. (Donald N. Bersoff, Ennis, Friedman & Bersoff, Washington, D.C., on brief), for amicus curiae American Psychological Ass'n in support of defendant-appellant.

Joel I. Klein (Robert D. Luskin, Onek, Klein & Farr, Washington, D.C., on brief), for amicus curiae American Psychiatric Ass'n in support of plaintiff-appellee.

Victor Darrel Louis Stone, U.S. Dept. of Justice, Washington, D.C. (Henry E. Hudson, U.S. Atty., Constance H. Frogale, Asst. U.S. Atty., Alexandria, Va., Melissa Glassman, Third-Year Law Student, on brief), for plaintiff-appellee.

Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN, CHAPMAN, WILKINSON, and WILKINS, Circuit Judges, sitting en banc.

PHILLIPS, Circuit Judge:

Michael Francis Charters, an involuntarily-committed psychiatric patient at the Federal Correctional Institution at Butner, North Carolina (Butner), appeals a district court order permitting the administration of antipsychotic medication over his objection. Charters contends that medicating him without his consent or a judicial determination that he is incompetent to make his own medical decisions unconstitutionally impinges upon his liberty...

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