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McNABB v. DEPARTMENT OF CORRECTIONS

No. 23310-3-III.

112 P.3d 592 (2005)

Charles R. McNABB, Appellant, v. DEPARTMENT OF CORRECTIONS, an agency of the state of Washington; Joseph D. Lehman, secretary of Department of Corrections, in his official capacity, Respondents.

Court of Appeals of Washington, Division 3, Panel Seven.

June 2, 2005.

Attorney(s) appearing for the Case

John D. Blair-Loy, Attorney at Law, San Diego, CA, Terri D. Sloyer, Attorney at Law, Spokane, WA, for Appellant.

Mary C. McLachlan, Attorney General's Office, Olympia, WA, for Respondent.

KATO, C.J.

¶ 1 Charles McNabb sued the Department of Corrections (DOC) to invalidate its force-feeding policy as unconstitutional, illegal, and invalid and to enjoin it from force-feeding him. The court denied his motion for preliminary injunction and summary judgment and granted summary judgment for DOC. Contending he has the constitutional right to refuse to be force-fed, he appeals. We affirm.

¶ 2 Mr. McNabb is an inmate at the Airway Heights...

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