John Ryan                          ( RYAN )

Larry Ogilvie                    ( OGILVIE )

Patients’ Rights                   ( PATIENTS )

Deborah Johnson                  ( JOHNSON_D )

Shirvan Sherma                    ( COUNSEL)

Denied the writ of habeas corpus

Denied the petition for transfer to another acute psychiatric hospital

Granted the Riese petition

Modified the existing denials of rights slightly by...

1. Removing the line on the Ward A floor, as long as patient follows relevant staff directions regarding patio access
     
2. Endorsing agreement between PD and me as to four diapers in patient’s room +  one on her person
     
3. Ordering return of one bottle of baby powder
     
4. Accepting my offer of same clothing access as other Ward A patients

Left the following denials of rights unmodified...

1. Four books in her possession, subject to exchange for others kept on nursing station
     
2. No baby bottle

The legal standard for "good cause" for denial of rights is reasonably foreseeable danger, not imminent danger.

In exceptional instances, access to certain items of property (eg, baby bottle) can be denied for good therapeutic reasons (eg, to prevent regression).

A patient need not be actively DS,D0 or GD every waking hour to qualify for a 5250 or t—con, if a clear pattern of intermittent DS, DO or GD can be established.

A patient need not be completely incompetent every waking hour to

qualify for Riese status, if a clear pattern of intermittent incompetence/irrational med refusal can be established.

In general, Judge Sullivan, like most of his counterparts on the bench, is inclined to grant fairly wide discretion to experts and agencies he believes are acting reasonably and in good faith.

As a corollary to #5, Judge Sullivan, like most of his counterparts on the bench (and unlike PD), is not inclined to substitute his judgment for that of experts or agencies he believes are acting reasonably and in good faith.