Skip to content
Name: D.K. v. Office of Admin. Hrgs.
Case #: A167272
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 05/14/2024
Summary

Superior court erred in finding that writ relief was not available to individuals who have been subject to a temporary involuntarily medication order. D.K. was found incompetent to stand trial (IST) and committed to the Department of State Hospitals. D.K. was involuntarily medicated, pursuant to an administrative law judge order under PC 1370. D.K. appealed the denial of her petition for a writ of administrative mandate. In light of the compelling liberty interest against involuntary medication, and the failure to identify any alternative form of relief reasonably available to D.K., the superior court erred in concluding writ relief was categorically unavailable.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/A167272.PDF