Forced Medication Litigation in Maryland: From Kelly to Allmond II and Beyond

Debra Gardner, J.D., Anthony May, J.D., and Luciene Parsley, J.D.

Maryland law around forced medication continues to evolve. We will discuss the history of forced medication litigation in Maryland, including the Court of Special Appeals’ most recent decision in Allmond v. DHMH, incorporating Courts’ interpretation how Maryland’s forced medication statute should be read in conjunction with the U.S. Supreme Court’s decisions on forced medication. Finally, we will discuss some recent developments in Maryland with regard to state efforts to forcibly medicate individuals to render them competent to stand trial in criminal cases.

List of Learning Goals/Outcomes:

  • Participants will be able to describe the history and current status of forced treatment litigation in Maryland.
  • Participants will be able to be able to identify how Maryland Courts’ interpretation of the state statute permitting forced medication, read in conjunction with U.S. Supreme Court decisions requiring certain constitutional protections, may impact on state efforts to medicate for reasons other than dangerousness in a facility.
  • Participants will be able to list three areas of legal ambiguity in the caselaw around forced medication litigation in Maryland, which may present issues for future litigation.
    Course materials: