You are here: / / AUTHORIZATION TO FORCE FEED INMATE FOR THE DURATION OF HIS INCARCERATION...

AUTHORIZATION TO FORCE FEED INMATE FOR THE DURATION OF HIS INCARCERATION PROPERLY GRANTED.

The Third Department affirmed the grant of a petition by the prison warden authorizing the force feeding of an inmate for the duration of his incarceration:

When an inmate commences a hunger strike, which, if continued, would create a substantial risk of imminent death or serious permanent injury, a force-feeding order is warranted if the state’s intervention, even if contrary to the inmate’s constitutional rights, is reasonably related to its legitimate penological interests, including those in preserving the inmate’s life and maintaining safety and discipline within the facility (see Matter of Bezio v Dorsey, 21 NY3d 93, 99, 101-107 [2013]). The record shows that respondent had repeatedly engaged in hunger strikes since May 2013 with the stated purpose of obtaining a transfer to a maximum A security facility, and that respondent had stated that he would continue his hunger strike until he died or was transferred. …

We look no further than the holding in Matter of Bezio v Dorsey (supra) to reach the conclusion that the state’s interest in preserving respondent’s life outweighs any claimed infringement of respondent’s constitutional rights. On the record before us, Supreme Court properly issued a force-feeding order for the duration of respondent’s incarceration. Matter of Martuscello v Jua TT., 2016 NY Slip Op 08905, 3rd Dept 12-29-16

 

INVOLUNTARY MEDICAL TREATMENT AND FEEDING (INMATES) (AUTHORIZATION TO FORCE FEED INMATE FOR THE DURATION OF HIS INCARCERATION PROPERLY GRANTED)/INMATES (INVOLUNTARY MEDICAL TREATMENT AND FEEDING, AUTHORIZATION TO FORCE FEED INMATE FOR THE DURATION OF HIS INCARCERATION PROPERLY GRANTED)

You might also like
Family Court Should Not Have Denied Nonparent’s Petition for Custody of a Child, and Awarded Custody to the Father and Mother, in the Absence of an Evidentiary Hearing
Automobile Exception to Warrant Requirement Applied
Career-Related Relocations Did Not Result in Change of Domicile
DISSATISFACTION WITH JOB ASSIGNMENTS NOT GOOD CAUSE FOR RESIGNING.
“Prompt Outcry” Exception to Hearsay Rule Applied to Complaint Made After Several Days
THE GRAND JURY EVIDENCE SUPPORTED THE INDICTMENT COUNTS CHARGING DEFENDANT STATE TROOPER WITH “DEPRAVED INDIFFERENCE” CRIMES STEMMING FROM HIGH-SPEED CHASES OF PURPORTED SPEEDERS WHICH RESULTED IN CRASHES AND THE DEATH OF A CHILD; THERE WAS A COMPREHENSIVE DISSENT WHICH ARGUED THE CRITERIA FOR “DEPRAVED INDIFFERENCE” WERE NOT MET (THIRD DEPT).
PETITIONER POLICE OFFICER’S SITTING IN A DESK CHAIR (WHICH WAS SUBSEQUENTLY FOUND TO BE BROKEN), LEANING BACK, FALLING BACKWARD AND INJURING HIS HEAD CONSTITUTED AN “ACCIDENT” WITHIN THE MEANING OF THE RETIREMENT AND SOCIAL SECURITY LAW (THIRD DEPT).
Slip and Fall Suit Against Out-Of-Possession Landlord Properly Dismissed

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

INSURER OF COMPANY UNDER CONTRACT TO MAINTAIN STREET LIGHTING AND TRAFFIC CONTROL... PLAINTIFF’S ACTIONS WERE THE SOLE PROXIMATE CAUSE OF HIS INJURY, NEGLIGENT...