Violation of Due Process

By: Derek Hawkins//May 2, 2017//

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7^th Circuit Court of Appeals

Case Name: Terry C. Johnson v. Abdi Tinwalla

Case No.: 15-3525

Officials: POSNER, ROVNER, and WILLIAMS, Circuit Judges.

Focus: Violation of Due Process

Terry Johnson, the plaintiff, is an inmate of the Rushville Treatment and Detention Facility— “an Illinois state facility for the diagnosis, treatment, and (pending successful treatment) incarceration of persons believed prone to sexual violence.” Hughes v. Scott, 816 F.3d 955, 955 (7th Cir. 2016). The defendant, Dr. Tinwalla, is a psychiatrist, employed by Wexford Health Sources, who works at the Rushville facility. The suit charges him with having violated both the plaintiff’s constitutional right to due process of law and Illinois law, by causing the plaintiff to take the antipsychotic drug Risperdal (and for more than a month) without the plaintiff’s knowledge or consent. The district judge granted summary judgment in favor of the defendant, precipitating this appeal.

Reversed and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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