Riese v. St. Mary's Hospital & Medical Center

Opinion

KLINE, P. J.

This class action presents the question whether psychiatric patients involuntarily committed to mental health facilities under Welfare and Institutions Code sections 5150 and 52501 may be forced to take anti-psychotic drugs against their will in nonemergency2 situations.

Appellant Eleanor Riese, on behalf of the class of patients institutionalized under sections 5150 and 5250 and given antipsychotic drugs over their objection, brought a petition for writ of mandate seeking a determination that the patients’ informed consent was required before such drugs could be…