State Ex Rel. Jones v. Gerhardstein

This court accepted the petition for review to decide whether the involuntary administration of psychotropic1 medication to persons committed pursuant to Chapter 51 of the Wisconsin Statutes violates their right to equal protection under the *714United States and Wisconsin Constitutions, when those persons have not been found to be incompetent to make treatment decisions. The distinction between precommitment detainees and involuntarily committed patients for purposes of drug administration does not have a rational basis when members of both groups are competent to decide.

The Wisconsin Department…