Involuntary Medication Provision

By: Derek Hawkins//August 22, 2017//

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WI Court of Appeals – District II

Case Name: Winnebago County v. C.S.,

Case No.: 2016AP1955

Officials: HAGEDORN, J.

Focus: Involuntary Medication Provision

C.S. appeals from an order extending his involuntary medication under WIS. STAT. § 51.61(1)(g) and an order denying his motion for postcommitment relief. He argues that § 51.61(1)(g) is unconstitutional because it allows prisoners to be involuntarily medicated without a finding of dangerousness. However, C.S. admits that he is no longer incarcerated—and therefore not subject to the challenged application of the statute. He nevertheless contends that we should exercise our discretion to address his claim. We decline and conclude the issue is moot.

In short, C.S. presents us an academic question, not a genuine complaint that the state of Wisconsin is violating his constitutional rights. Therefore, we dismiss the appeal as moot.

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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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