Fwd: NEWS: Jury Awards Psychiatric
Survivor for Forced Drugs, Lock Up
Jury Awards Psychiatric Survivor for Forced Drugs, Lock
Up - Terrific legal implications for those who have suffered
very similar medical mishaps - Locked up/deprived of freedom
- Inappropriately medicated when presenting with EHS symptoms
- Working on ground breaking legal area of the human rights
- Medically labelled/mislabelled mentally ill - Winning
the freedom and right to life of a legal victim - Force
injected with psychiatric drugs - To psychiatric hospitals
and doctors : you can't routinely admit someone and label
them dangerous ... and inject them with mind-altering drugs
because you have a desire to treat them - 'Liberty' for
the Mentally Ill - Illegally deprived of freedom - It's
about one's liberty to come and go when one wants, without
interference from government - It is also about ... the
freedom to have one's thoughts, no matter how off-beat or
off-center or ... even radical, without being labeled mentally
ill or crazy or dangerous and then being shut off to a psychiatric
hospital - In most cases, people don't have the means or
the opportunity to bring their case to court - Good things
can happen in the legal system - Educate the public and
the mental health system - 'Illegal' phone masts removed
- Tetra police radio masts were erected in the middle of
the night - Phone company has dismantled two masts erected
without permission after complaints from residents - Residents
had started a vigil at both sites amid fears the masts could
be harmful to health - Technology used in Terrestrial Trunked
Radio (Tetra) masts can cause cancer - The council takes
breaches of planning control very seriously and shall therefore
be monitoring the situation very closely - Al Gore Speaks
on Global Warming and the Environment (18/01/04)
Hi Klaus: Please post this on your Citizens Initiative Omega.
The implications of this jury award of close to one million
the plaintiff Robert Lee Marion has terrific legal implications
those of us who have suffered very similar medical mishaps of
ourselves locked up/deprived of our freedom and involuntarily
inappropriately medicated when we present with EHS symptoms.
Due recognition is given in the published account of the court
attachment) to the essential contribution for its success made
by a team
of third year law students led by Professor William Brooks,
School, Huntington, New York. Professor Brooks was the plaintiff's
attorney. The positive feed back by some members of this student
and career benefits for them from working on such a ground breaking
legal area as the human rights of those medically labelled/mislabelled
mentally ill, "sectioned" and forced to submit to various dangerous
inappropriate medical treatments are also highlighted.
I recall that it was also a group of U.S. law students who took
project some years ago of establishing the innocence of a destitute
on death-row. Apart from any career ennobling benefits, how
must have felt at winning the freedom and right to life of this
victim. I also and more wryly recall that among the various
agencies I petitioned for help in Ireland a few years ago to
own similar (but based on EHS misdiagnosis: see Citizens Initiative
Omega postings of 13/12/03, 16/1/03, 13/2/03, et al) case to
the Law Department in University College Cork. And I specifically
suggested to the Law faculty member that it could make for a
interesting group law student project as it would be breaking
ground. My plea was politely but firmly rejected.
Lastly, I suggest that EHS patients who have suffered similar
mishaps of being snap-judged mentally ill, locked up, etc should
contact Professor William Brooks at Touro Law Centre, Huntington,
York. It would appear to me that an important legal precedent
favourable legal judgements in this medical area has now been
Best, Imelda, Cork, Ireland
NEWS: Jury Awards Psychiatric Survivor for Forced Drugs, Lock
Mind Your Freedom - 14 January 2004
- please forward
Robert Lee Marion, Psychiatric Survivor, Wins $975,000 Jury
After Being Locked Up in Psychiatric Unit and Forcibly Drugged.
Today's _Newsday_ Article on Victory is Below.
How You May Congratulate Plaintiff, Attorney & the Unique
that Won the Victory.
Robert Lee Marion went to a hospital for diabetes. But he was
because he was considered "mentally ill," and force injected
A law clinic took up Marion's cause, and now a jury has awarded
nearly one million dollars (see today's _Newsday_ article below).
William Brooks at the Touro Law Center directs the mental disability
Brooks said: "The award sends a message to psychiatric hospitals
doctors that you can't routinely admit someone and label them
... and inject them with mind-altering drugs because you have
to treat them."
MindFreedom director David Oaks said, "As someone who has been
I celebrate this victory with Mr. Marion and the law clinic
him win. We encourage
supporters to congratulate these champions!"
The plaintiff, attorney and law clinic can be written here:
Robert Lee Marion
c/o Prof. William Brooks
Touro Law Center
300 Nassau Road
Huntington, New York 11743 USA
PLEASE FORWARD this news to educate the public and mental health
For more information on campaigns to resist forced psychiatric
BELOW is an excerpt from today's _Newsday_ article:
_Newsday_ 14 Jan. 2004
'Liberty' for the Mentally Ill
When Robert Lee Marion went to Bellevue Hospital in Manhattan
minor medical procedure, he hadn't planned on a six-day stay
against his will.
In December 1998, Marion, then 59, of Manhattan, went to the
room, saying he needed the surgery because of his diabetic condition.
But when doctors told him there was no surgery scheduled for
Marion, who was unemployed and has a history of mental illness,
He grew loud, saying the government was trying to systematically
poor people. After two brief interviews with doctors, Marion
involuntarily committed and injected with a potent psychiatric
Under state law, doctors have the right to keep patients hospitalized
against their will on an emergency basis, if they appear to
be a danger
to themselves and others.
Marion claimed in a lawsuit filed in 2000 against Bellevue and
doctors who treated him that his behavior didn't warrant confinement.
During the trial in federal court in Manhattan, his lawyer,
Brooks told jurors that while Marion wasn't acting normally,
behavior had not crossed the legal threshold that would require
be locked up.
Instead, Brooks -- a professor at Touro Law School in Huntington
argued that doctors committed Marion because they felt he needed
treatment for mental illness and illegally deprived him of his
Marion, who had no history of being hospitalized, was released
later, only after a hearing at Bellevue.
"This case is quite frankly pure and simple about liberty,"
jurors last year during opening statements, according to a transcript.
"It's about one's liberty to come and go when one wants, without
interference from the government. And it is also about ... the
to have one's thoughts, no matter how off-beat or off-center
or ... even
radical, without being labeled mentally ill or crazy or dangerous
then being shut off to a psychiatric hospital because physicians,
the most cursory evaluations, believe you are mentally ill."
Lawyers for the New York Health and Hospital Corporation in
which runs Bellevue, had a different view. According to the
transcript, in her opening statement, city attorney Nancy Botta
jury, "... the plaintiff was aggressive. He was getting close
He was getting in their faces. As he pointed and waved his finger,
was loud and threatening ... the plaintiff was actively manic,
psychotic and he was delusional."
Bellevue doctors who committed Marion determined that he was
mentally ill, but that he was a danger to himself and a danger
community," Botta told jurors.
After a four-day trial, the jury awarded Marion $750,000 in
his confinement and $225,000 for the injections -- one of the
awards nationally in cases involving the involuntary commitment
mentally ill, experts said.
It's also an extraordinary verdict because, in most cases, people
Marion don't have the means or the opportunity to bring their
Marion was referred to Brooks' legal clinic at Touro that specializes
cases involving the mentally ill. Brooks and several students
with Marion since 1999.
The clinic filed the suit in January 2000, asking for unspecified
compensatory and punitive damages. Over the years, different
students and a staff attorney who is a recent Touro graduate
it, along with Brooks.
U.S. Magistrate Douglas Eaton dismissed Marion's claim for punitive
damages. The city has asked him to reduce the award and to set
verdict, arguing that it is contrary to the weight of the evidence.
Brooks said, "It's a major victory, even if the award is reduced."
He added: "The award sends a message to psychiatric hospitals
doctors that you can't routinely admit someone and label them
... and inject them with mind-altering drugs because you have
to treat them."
Stephanie Muick, a former Touro student said the experience
research on the case shifted her career focus from criminal
to legal advocacy for the mentally ill. "It really had an effect
said Muick, 23, who is now at home in Pittsburgh studying for
exam. "When Professor Brooks called me and told me about the
was in shock."
Another former student, Melodie Shuler, 26, of Washington D.C.,
working on the case piqued her interest in public interest law.
who worked mostly on motions during the discovery phase, said,
thought we had a very strong case. They had no right to confine
I felt it was also great because it gave me confidence that
can happen in the legal system."
Brooks and the students took no portion of the award, although
will have to pay Touro for their legal fees, which will go back
Marion could not be reached for comment. But Brooks said his
although pleased with the verdict, thought he deserved much
believes," Brooks said, "he is entitled to billions."
Copyright © 2004, Newsday, Inc.
- end -
PLEASE FORWARD to all appropriate places on and off the Internet.
Educate the public and the mental health
MindFreedom Support Coalition International
United Action for Human Rights in Mental Health.
'Illegal' phone masts removed
The Tetra police radio masts were erected in the middle of the
A phone company has dismantled two masts erected without permission
after complaints from residents.
O2 Airwave put up the masts at Rogate and East Marden in West
last weekend - despite not having planning permission.
The firm admitted it had pre-empted the outcome of planning
when it built the masts, designed to be used by emergency service
It removed the main masts at both sites on Friday and said the
the equipment would be cleared when weather improved.
O2 Airwave had been refused permission for the Rogate mast but
against the decision is waiting to be heard.
A planning application for the East Marden mast has not yet
considered by councillors.
Residents had started a vigil at both sites amid fears the masts
be harmful to health.
It has been suggested the technology used in Terrestrial Trunked
(Tetra) masts can cause cancer.
On Wednesday O2 Airwave agreed to remove the masts, which were
at 0200 GMT last Saturday.
At one stage Roman Abramovich the Russian billionaire owner
Football Club had joined the campaigners. His 424-acre estate
Hill is next to the Rogate site.
Sam Howes, deputy chief executive of Chichester District Council,
"The council is pleased O2 has now partially complied with our
to the extent that neither site can transmit signals, but we
seeking to secure the removal of other equipment in the near
"We hope that further actions, such as the ones we have seen,
"The council takes breaches of planning control very seriously
shall therefore be monitoring the situation very closely."
The Tetra radio network, which is being installed for 29 police
in the UK, offers better coverage than mobile phones as well
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