Constitutional Law

9th Circuit Stays Court Order Forcing Meds on Suspect in Shooting of Giffords and Chief Judge Roll


Granting an emergency motion by the suspect in a Tucson, Ariz., mass shooting spree early this year, a federal appeals court has ordered prison officials not to forcibly administer anti-psychotic medication to defendant Jared Loughner until the matter is finally decided.

Loughner’s lawyers have argued that he was not given required due process at a medication hearing at which he was not represented by counsel, according to the Tucson Sentinel. They have also sought, without success, to be notified in advance if he was to be medicated.

The Phoenix New Times provides a copy of the one-page order (PDF) by the San Francisco-based 9th U.S. Circuit Court of Appeals, which establishes an expedited briefing schedule.

The state’s chief U.S. District Court judge, John Roll, was among the six slain in the Jan. 8 shooting and U.S. Rep. Gabrielle Giffords of Arizona was among the 13 injured at a shopping center meet-and-greet event for the congresswoman in Tucson.

Hat tip: Associated Press.

Earlier coverage:

ABAJournal.com: “Novel New Indictment Hits Loughner with 49 Counts, Including Murder Charge re Chief Judge Roll”

ABAJournal.com: “Suspect in Slaying of Chief Ariz. Fed’l Judge, Shooting of Congresswoman Found Incompetent for Trial”

ABAJournal.com: “Jared Loughner Spit at His Lawyers, But Defense Opposes Meds”

ABAJournal.com: “Judge Allows Forcible Medication of Tucson Shooting Suspect Loughner”

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