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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)

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