CA6 (Torts): Hills v. Comwlth of KY (WD Ky 8/9/2006)

Hills v. Comwlth of KY
Western District of Kentucky at Bowling Green
Torts:  Claim against medical for forcible medication at state facility
06a0288p.06 2006/08/09

RONALD LEE GILMAN, Circuit Judge. After Anthony Lee Hills was arrested and charged with burglary, a Kentucky court ordered him transferred to the Kentucky Correctional Psychiatric Center (KCPC) for observation, assessment, and treatment because of questions regarding his competency to stand trial and his mental state at the time of the alleged crime. During the course of his treatment, Hills was forcibly administered an antipsychotic drug as authorized by the state court. The charges against him were ultimately dropped.

Hills subsequently sued the KCPC and several of its mental-health professionals, including Dr. Nasiruddin Siddiqui, alleging various constitutional violations arising out of his being forcibly medicated. Dr. Siddiqui filed a motion for summary judgment on the basis of qualified immunity.   After the district court denied the motion, Dr. Siddiqui filed this interlocutory appeal. For the reasons set forth below, we REVERSE the judgment of the district court and REMAND the case for further proceedings consistent with this opinion.

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