Involuntary Medication Under Sells Upheld

U.S. v. Bradley, 2005 WL 1785303 (7/28/05) - The 10th held that the standard of proof is clear and convincing for the facts needed to justify an order to involuntarily administer antipsychotic medication to render a defendant competent. The 10th reviews those facts for clear error and de novo the determination of the importance of the government's interests and whether the involuntary administration is necessary to significantly further those interests. The 10th found all the Sell factors met and affirmed the involuntary administration order. The drugs were not too medically risky, they would substantially aid the defendant's return to competency, the d.ct. unsuccessfully tried the less intrusive method of ordering the defendant to medicate himself, the government had an interest in imposing punishment up to 50 years and the defendant could not be involuntarily committed because he was not dangerous.