* 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)

Fwd: NEWS: Jury Awards Psychiatric Survivor for Forced Drugs, Lock Up
-------------------------------------------------------------------------------------------
Hi Klaus: Please post this on your Citizens Initiative Omega.

The implications of this jury award of close to one million dollars to
the plaintiff Robert Lee Marion has terrific legal implications for
those of us who have suffered very similar medical mishaps of finding
ourselves locked up/deprived of our freedom and involuntarily plus
inappropriately medicated when we present with EHS symptoms.

Due recognition is given in the published account of the court case (see
attachment) to the essential contribution for its success made by a team
of third year law students led by Professor William Brooks, Touro Law
School, Huntington, New York. Professor Brooks was the plaintiff's
attorney. The positive feed back by some members of this student team
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 and
inappropriate medical treatments are also highlighted.

I recall that it was also a group of U.S. law students who took on the
project some years ago of establishing the innocence of a destitute man
on death-row. Apart from any career ennobling benefits, how great they
must have felt at winning the freedom and right to life of this legal
victim. I also and more wryly recall that among the various legal
agencies I petitioned for help in Ireland a few years ago to bring my
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 court was
the Law Department in University College Cork. And I specifically
suggested to the Law faculty member that it could make for a very
interesting group law student project as it would be breaking new legal
ground. My plea was politely but firmly rejected.

Lastly, I suggest that EHS patients who have suffered similar medical
mishaps of being snap-judged mentally ill, locked up, etc should now
contact Professor William Brooks at Touro Law Centre, Huntington, New
York. It would appear to me that an important legal precedent for
favourable legal judgements in this medical area has now been established.

Best, Imelda, Cork, Ireland


NEWS: Jury Awards Psychiatric Survivor for Forced Drugs, Lock Up
Mind Your Freedom - 14 January 2004
http://www.MindFreedom.org - please forward

Robert Lee Marion, Psychiatric Survivor, Wins $975,000 Jury Judgment
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 Legal Clinic
that Won the Victory.

Robert Lee Marion went to a hospital for diabetes. But he was held
because he was considered "mentally ill," and force injected with
psychiatric drugs.

A law clinic took up Marion's cause, and now a jury has awarded him
nearly one million dollars (see today's _Newsday_ article below). Prof.
William Brooks at the Touro Law Center directs the mental disability law
clinic.

Brooks said: "The award sends a message to psychiatric hospitals and
doctors that 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."

MindFreedom director David Oaks said, "As someone who has been forcibly
injected myself,
I celebrate this victory with Mr. Marion and the law clinic that helped
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

e-mail: WilliamB@tourolaw.edu

PLEASE FORWARD this news to educate the public and mental health system!

For more information on campaigns to resist forced psychiatric drugging
see http://www.MindFreedom.org.

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 for a
minor medical procedure, he hadn't planned on a six-day stay there --
against his will.

In December 1998, Marion, then 59, of Manhattan, went to the emergency
room, saying he needed the surgery because of his diabetic condition.
But when doctors told him there was no surgery scheduled for him,
Marion, who was unemployed and has a history of mental illness, became
very upset.

He grew loud, saying the government was trying to systematically kill
poor people. After two brief interviews with doctors, Marion was
involuntarily committed and injected with a potent psychiatric medication.

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 the
doctors who treated him that his behavior didn't warrant confinement.
During the trial in federal court in Manhattan, his lawyer, William
Brooks told jurors that while Marion wasn't acting normally, his
behavior had not crossed the legal threshold that would require him to
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 freedom.
Marion, who had no history of being hospitalized, was released six days
later, only after a hearing at Bellevue.

"This case is quite frankly pure and simple about liberty," Brooks told
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 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 because physicians, upon
the most cursory evaluations, believe you are mentally ill."

Lawyers for the New York Health and Hospital Corporation in Manhattan,
which runs Bellevue, had a different view. According to the court
transcript, in her opening statement, city attorney Nancy Botta told the
jury, "... the plaintiff was aggressive. He was getting close to people.
He was getting in their faces. As he pointed and waved his finger, he
was loud and threatening ... the plaintiff was actively manic, he was
psychotic and he was delusional."

Bellevue doctors who committed Marion determined that he was "not only
mentally ill, but that he was a danger to himself and a danger to the
community," Botta told jurors.

After a four-day trial, the jury awarded Marion $750,000 in damages for
his confinement and $225,000 for the injections -- one of the largest
awards nationally in cases involving the involuntary commitment of the
mentally ill, experts said.

It's also an extraordinary verdict because, in most cases, people like
Marion don't have the means or the opportunity to bring their case to
court. ...

Marion was referred to Brooks' legal clinic at Touro that specializes in
cases involving the mentally ill. Brooks and several students had worked
with Marion since 1999.

The clinic filed the suit in January 2000, asking for unspecified
compensatory and punitive damages. Over the years, different third-year
students and a staff attorney who is a recent Touro graduate worked on
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 aside the
verdict, arguing that it is contrary to the weight of the evidence. But
Brooks said, "It's a major victory, even if the award is reduced."

He added: "The award sends a message to psychiatric hospitals and
doctors that 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."

Stephanie Muick, a former Touro student said the experience of doing
research on the case shifted her career focus from criminal defense law
to legal advocacy for the mentally ill. "It really had an effect on me,"
said Muick, 23, who is now at home in Pittsburgh studying for the bar
exam. "When Professor Brooks called me and told me about the verdict, I
was in shock."

Another former student, Melodie Shuler, 26, of Washington D.C., said
working on the case piqued her interest in public interest law. Shuler,
who worked mostly on motions during the discovery phase, said, "I
thought we had a very strong case. They had no right to confine him ...
I felt it was also great because it gave me confidence that good things
can happen in the legal system."

Brooks and the students took no portion of the award, although the city
will have to pay Touro for their legal fees, which will go back to the
clinic program.

Marion could not be reached for comment. But Brooks said his client,
although pleased with the verdict, thought he deserved much more. "He
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 system!

~~~~~~

Forwarded by:

MindFreedom Support Coalition International

United Action for Human Rights in Mental Health.

http://www.MindFreedom.org

--------

'Illegal' phone masts removed
------------------------------------
The Tetra police radio masts were erected in the middle of the night

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 Sussex
last weekend - despite not having planning permission.

The firm admitted it had pre-empted the outcome of planning meetings
when it built the masts, designed to be used by emergency service radios.

It removed the main masts at both sites on Friday and said the rest of
the equipment would be cleared when weather improved.

O2 Airwave had been refused permission for the Rogate mast but an appeal
against the decision is waiting to be heard.

A planning application for the East Marden mast has not yet been
considered by councillors.

Residents had started a vigil at both sites amid fears the masts could
be harmful to health.

It has been suggested the technology used in Terrestrial Trunked Radio
(Tetra) masts can cause cancer.

On Wednesday O2 Airwave agreed to remove the masts, which were installed
at 0200 GMT last Saturday.

At one stage Roman Abramovich the Russian billionaire owner of Chelsea
Football Club had joined the campaigners. His 424-acre estate at Fyning
Hill is next to the Rogate site.

Sam Howes, deputy chief executive of Chichester District Council, said:
"The council is pleased O2 has now partially complied with our requests
to the extent that neither site can transmit signals, but we will be
seeking to secure the removal of other equipment in the near future.

"We hope that further actions, such as the ones we have seen, are not
repeated again.

"The council takes breaches of planning control very seriously and we
shall therefore be monitoring the situation very closely."

The Tetra radio network, which is being installed for 29 police forces
in the UK, offers better coverage than mobile phones as well as secure
high-quality transmissions.

http://news.bbc.co.uk/1/hi/england/southern_counties/3404343.stm


Informant: Robert Riedlinger

--------

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 From Information Clearing House

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