ALLMOND v. DHMH

No. 34, Sept. Term, 2015.

141 A.3d 57 (2016)

448 Md. 592

Gary ALLMOND v. DEPARTMENT OF HEALTH AND MENTAL HYGIENE.

Court of Appeals of Maryland.

July 11, 2016.


Attorney(s) appearing for the Case

Tassity Johnson ( Debra Gardner , Murnaghan Appellate Advocacy Fellow, Public Justice Center, Baltimore, MD; Laura Cain , Maryland Disability Law Center, Baltimore, MD; Ria Rochvarg , Andrew D. Carter , Katherine Bagley , Ria P. Rochvarg, P.A., Ellicott City, MD), on brief, for Appellant.

Kathleen A. Morse , Asst. Atty. Gen. ( Brian E. Frosh , Atty. Gen. of Maryland, Baltimore, MD), on brief, for Appellee.

Jennifer Mathis, Esq. , Andrew Christy, Esq. , Judge David L. Bazelon Center for Mental Health Law, Washington, DC, Paul B. DeWolfe, Esq. , Public Defender, Mary J. Pizzo, Esq. , Asst. Public Defender, Baltimore, MD, John Townsend Rich, Esq. , Matthew S. Williams, Esq. , Goodwin Procter LLP, Washington, DC, David Rocah, Esq. , American Civil Liberties Union Foundation of Maryland, Baltimore, MD, for Amici Curiae brief of the American Civil Liberties Union of Maryland, the Judge David L. Bazelon Center for Mental Health Law, Mental Health Association of Maryland (MHAMD), the Freedom Center, On Our Own of Maryland, the Image Center for People with Disabilities, and the Maryland Office of the Public Defender in support of Appellant.

G. Daniel Shealer, Jr., Esq. , Vice President and Gen. Counsel, The Johns Hopkins Health System Corporation, Baltimore, MD, A. Paul Pineau, Esq. , Interim Vice President and Gen. Counsel, The Johns Hopkins University, Baltimore, MD, Andrew H. Baida, Esq. , Rosenberg Martin Greenberg, LLP, Baltimore, MD, of Counsel, for Amici Curiae brief of the Maryland Psychiatric Society, the American Psychiatric Association, the Washington Psychiatric Society, the Johns Hopkins Health System Corporation, the Johns Hopkins University, the Sheppard Pratt Health System, Medstar Health, the University of Maryland School of Medicine Department of Psychiatry, and NAMI Maryland in support of Appellee.

Argued before BARBERA, C.J., BATTAGLIA, GREENE, ADKINS, McDONALD, WATTS, and GLENN T. HARRELL, Jr. (Retired, Specially Assigned), JJ.


The State mental health law allows for the involuntary medication of an individual committed to a mental health facility if certain procedures are followed and if a clinical review panel — three health care professionals, none of whom is the treating psychiatrist — finds that certain statutory criteria are satisfied and...

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