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Abstract: 

Vitek v. Jones, 445 U.S. 480 (1980) was decided in 1980 and dealt with the transfer of a prisoner “to a mental hospital for involuntary psychiatric treatment, coupled with the subjection of the prisoner to mandatory behavior modification as a treatment for mental illness, constitute the kind of deprivations of liberty that requires procedural protections.” 445 U.S. at 494. Due process was required before the designation of mental illness and the resultant transfer. So-called Vitek cases are now rare, but we look at a recent and important one, Soares v.Paramo, 2017 WL 1166277 (S.D. Cal.). Plaintiff Soares claims that a transfer to a psychiatric unit was done without due process and as retaliation for difficulties he presented. A federal court has ruled against defendants’ request for summary judgment and the case will proceed.

Keywords: Soares v.Paramo, 2017 WL 1166277 (S.D. Cal.); Involuntary Psychiatric Treatment

Affiliations:  1: Editor.