Prisoner Forcibly Medicated Without Court Order, He Alleges
OAKLAND, Calif. (CN) – Kaiser staff conspired with police to illegally force antipsychotic medication on a prisoner, according to a suit filed in Alameda Superior Court.
Randell L. Turner, Sr. sued Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc., Mihir Meghani, M.D., Clarence Shouppe and Shailesh Suchak for abuse of process, intentional infliction of emotional distress, and unfair business practices.
Turner says he was taken by ambulance to Kaiser Hospital Emergency Room in Fremont for a “medical clearance” after being unlawfully arrested by Union City police. He was strapped to the gurney in the ambulance and to the subsequent bed in the hospital, and three officers were present “at all times,” according to the action.
Kaiser’s staff conspired with the officers to violate Turner’s constitutional right to refuse treatment by forcing antipsychotic medication on him against his clear refusal and lack of consent. There was no court order, which is required to violate his rights, the complaint claims.
Turner was not a danger to himself or others, was fully aware of his rights and surroundings, and “clearly had capacity” to refuse treatment, the suit states. The motive behind the forced medication was to provoke Turner to resist so additional charges could be made against him, the action alleges.
According to the complaint, one of the officers, prior to the forced medication, “conducted a 5150 evaluation and determined that plaintiff was lucid, not violent and did not meet the criteria for 5150” (a Welfare & Institutions Code section that allows involuntary detention for a 72-hour psychiatric hospitalization when a detained adult is deemed to be a danger to himself or others).
Nevertheless, Kaiser staff “conspired” with the officers to not only medicate him against his will, but also to “further humiliate, harass and embarrass” him by inserting a urine catheter. “Five male hospital nurses and security guards held him down and administered medication. Plaintiff tried to defend himself against this unconstitutional violation. Nurses Suchak and Shouppe claimed plaintiff kicked Suchak. Plaintiff was rendered unconscious and taken to John George mental facility,” the complaint claims.
The police then filed “false police reports” claiming Turner had caused them bodily injury and falsely testified against him in court. The assault and battery charges were later dismissed, according to the action.
Turner seeks general and special damages, punitive damages, interest and legal costs.
The plaintiff is represented by Marylon Boyd of the Boyd Law Firm in Oakland, California.