Washington V. Harper Case Summary
The Right to Refuse Psychiatric Treatment
Title and Citation: Washington v. Harper, 494 U.S. 210 (1990),
Type of Action: Due Process Clause allowing the state to force antipsychotic medication to a serious mentally ill inmate.
Facts of the Case: The respondent Walter Harper has been an inmate in the State of Washington Penal System since 1976. While not on antipsychotic medication, he has a tendency to become violent. On two occasions, he was transferred to the Special Offender Center (SOC). The SOC is and institution for convicted offenders who display severe psychiatric behaviors. On both occasions, he was force medicated.
Contentions of the Parties: During the second visit to the SOC, Harper filed a suit in state court under 42 U.S.C. 1983. He alleged the SOC failed to allow him a hearing prior to forcing the medication, thus violating the due process clause of the Fourteenth Amendment. The trial court rejected his claim; however the State Supreme Court reversed the decision. The Supreme Court remanded the case back to the trial court stating, “the State could administer antipsychotic medication to a competent, non-consenting
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