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STATE EX REL. SCHUETZLE v. VOGEL

Civ. No. 950095.

537 N.W.2d 358 (1995)

STATE of North Dakota ex rel. Timothy SCHUETZLE, Warden North Dakota State Penitentiary, Plaintiff and Appellee, v. August T. VOGEL, Defendant and Appellant.

Supreme Court of North Dakota.

September 22, 1995.

Attorney(s) appearing for the Case

Jean R. Mullen (argued), Assistant Attorney General, Attorney General's Office, Bismarck, for plaintiff and appellee.

Lynn M. Boughey (argued), and Rozanna Larson, Boughey Law Firm, Minot, for defendant and appellant.

MESCHKE, Justice.

August T. Vogel appeals from a declaratory judgment allowing State Penitentiary officials to require Vogel to submit to diabetes monitoring of his blood sugar count and, if ordered by a physician, to forcibly administer food, insulin and other medications to Vogel to prevent deterioration of his health or premature death. We affirm.

Vogel is a 64-year-old penitentiary inmate with a release date of 2016 from his 90-year sentence for first...

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