Opinion

Washington v. Harper

  • 494 U.S. 210
  • 110 S. Ct. 1028
  • 108 L. Ed. 2d 178
  • 1990 U.S. LEXIS 1174
Court
Supreme Court of the United States
Filed
Apr 16, 1990
Status
Published
Author
Blackmun
On the bench
Kennedy, Rehnquist, White, Blackmun, O'Connor, Stevens, Brennan, Marshall

Reported abrogated on other grounds by Sandin v. Conner, 515 U.S. 472 (1995) — not on the Supreme Court's list

How later courts described this case

  • stating that adoption of the “reasonably related” standard in Turner "was based upon the need to reconcile our longstanding adherence to the principle that inmates retain at least some constitutional rights despite incarceration with the recognition that prison authorities are best equipped to make difficult decisions regarding prison administration”
  • holding a prison’regulation with respect to the involuntary administration of anti-psychotic drugs without a prior hearing valid where the regulation was an accommodation between the inmate’s liberty interests and the State’s interest in providing appropriate medical treatment to reduce the danger that the inmate presented to both himself and others
  • holding that, “given the requirements of the prison environment, the Due Process Clause permits the State to treat a prison inmate who has a serious mental illness with antipsychotic drugs against his will, if the inmate is dangerous to himself or others and the treatment is in the inmate’s medical interest”
  • holding that a prison policy permitting the State of Washington to treat a prison inmate who has a serious mental illness with antipsychotic drugs against his will, if he is dangerous to himself or others and the treatment is in his medical interest, comported with substantive due process requirements

Written by the judges who cited it.

The opinion

Justice Blackmun,

concurring.

I join the Court’s opinion. The difficult and controversial character of this case is illustrated by the simple fact that the American Psychiatric Association and the American Psychological Association, which are respected, knowledgeable, and informed professional organizations, and which are here as amici curiae, pull the Court in opposite directions.

I add a caveat. Much of the difficulty will be lessened if, in any appropriate case, the mentally ill patient is formally committed. This on occasion may seem to be a bother or a nuisance, but it is a move that would be protective for all *237 concerned, the inmate, the institution, its staff, the physician, and the State itself. Cf. Zinermon v. Burch, ante, p. 113. It is a step that should not be avoided or neglected when significant indications of incompetency are present.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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