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Judge rules state was obligated to force-feed inmate
Seattle Times ^ | 6-3-05 | Jonathan Martin

Posted on 06/04/2005 2:29:05 PM PDT by STARWISE

Charles R. McNabb was five months into a hunger strike — his 5-foot-9 frame withered to less than 100 pounds — when he was wheeled into the Airway Heights prison infirmary last year.

The prison medical staff wanted to insert a feeding tube. McNabb, convicted of arson, wanted to continue starving. He was remorseful, he had told jailers, for badly burning his stepdaughter.

(snip)

The Washington State Court of Appeals yesterday ruled that the Department of Corrections (DOC) was justified in force-feeding McNabb, setting a precedent for other state inmates who attempt hunger strikes.

The five-page ruling dismissed McNabb's claim that the feeding tube violated his state Constitutional right to privacy, including the right to decline medical treatment. "The right to decline force-feeding is not absolute because the state has an interest in protecting the sanctity of the lives of its citizens," wrote appellate judge Ken Kato for a unanimous three-judge appellate panel in Spokane.

There is a difference between the case of McNabb — who was otherwise healthy — and those in which a terminally ill patient declines treatment, according to the ruling.

(snip)

He had been charged with arson and assault for setting fire to his estranged wife's Spokane house. His 16-year-old stepdaughter was seriously burned in the fire. He slowly wasted away in the county jail while awaiting his July 2004 trial, dropping at least half of his 190 pounds.

A Spokane County judge granted a local hospital the authority to insert a feeding tube if his condition became life-threatening, but doctors disagreed over his health, and McNabb's strike continued.

He pleaded guilty in July and was sentenced to 14 years. DOC inserted a tube two days after his admission.

(Excerpt) Read more at archives.seattletimes.nwsource.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government; News/Current Events; US: Washington
KEYWORDS: court; death; feedingtube; irony; life; order; prisoner; ruling; starve; washington
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"Stern said he suspects that McNabb was at least drinking juice during his strike; otherwise, he said, McNabb probably would have died."

The irony SCREAMS: a criminal must not be allowed to be starved and dehydrated to death ..

1 posted on 06/04/2005 2:29:06 PM PDT by STARWISE
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To: onyx

"too bad Terri wasn't a felon!"


2 posted on 06/04/2005 2:29:51 PM PDT by ambrose (...)
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To: STARWISE
"The right to decline force-feeding is not absolute because the state has an interest in protecting the sanctity of the lives of its citizens,"

That's right folks, we are the property of the State.
It own's us and can keep us from damaging it's property.

So9

3 posted on 06/04/2005 2:32:39 PM PDT by Servant of the 9 (Trust Me)
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To: Jim Robinson; Brad's Gramma; Pegita; floriduh voter; Ohioan from Florida; tutstar; Pepper777; ...

BTTT!


4 posted on 06/04/2005 2:34:49 PM PDT by STARWISE ( You get the govt. you deserve. CALL YOUR CONGRESS CRITTERS OFTEN -U.S. CONGRESS: 1-877-762-8762)
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To: STARWISE
The irony SCREAMS

Yep, I gotta agree, common sense is unconstitutional in America.

5 posted on 06/04/2005 2:35:55 PM PDT by Navy Patriot
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To: Servant of the 9

What happens if it is a christian scientist that is doing the "hunger strike"?


6 posted on 06/04/2005 2:36:18 PM PDT by brooklin
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To: brooklin
What happens if it is a christian scientist that is doing the "hunger strike"?

His soul belongs to God, but his ass (and stomach) belong to the State.

SO9

7 posted on 06/04/2005 2:38:23 PM PDT by Servant of the 9 (Trust Me)
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To: STARWISE; onyx; All

Let there be no doubt, innocent or guilty, the State now owns us all.


8 posted on 06/04/2005 2:38:52 PM PDT by Gondring (The can have my Bill of Rights when they pry it from my cold dead hands.)
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To: STARWISE

Where were these people when Terry Schiavo was murdered???


9 posted on 06/04/2005 2:40:46 PM PDT by Virginia Queen (Virginia Queen)
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To: STARWISE
Thanks for the ping, STARWISE.

Incredible.

Bump!

10 posted on 06/04/2005 2:46:24 PM PDT by Miss Behave (Do androids dream of electric sheep?)
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To: Navy Patriot

Yes, Navy Patriot.


11 posted on 06/04/2005 2:47:28 PM PDT by Miss Behave (Do androids dream of electric sheep?)
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To: Servant of the 9

You beat me to that point...I shouldn't have grabbed a snack between typing and hitting send. :-)

This decision is actually the very logical extension of the wrongheaded idea of putting "life-at-all-costs" before rights, or "humanity" before individuals.

The socialists and pro-lifers* must be quite happy with the state of affairs, but to those of us who think a person's life, including a fetus', is his own...it's quite sickening.

*I don't just mean anti-abortion folks, but those who advocate life over rights.


12 posted on 06/04/2005 2:49:44 PM PDT by Gondring (The can have my Bill of Rights when they pry it from my cold dead hands.)
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To: Virginia Queen
Where were these people when Terry Schiavo was murdered (sic)???

Trying to take away HER rights, too!

13 posted on 06/04/2005 2:50:34 PM PDT by Gondring (The can have my Bill of Rights when they pry it from my cold dead hands.)
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To: STARWISE
The irony SCREAMS: a criminal must not be allowed to be starved and dehydrated to death ..

**************

Not to mention the fact that he clearly is choosing to starve himself, unlike Terri Schiavo.

That being said, I don't believe that we as a society should allow one of our members to commit suicide.

14 posted on 06/04/2005 3:01:11 PM PDT by trisham ("Live Free or Die," General John Stark, July 31, 1809)
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To: STARWISE

I don't have a problem with the state restricting the liberties of prisoners, including the liberty to kill oneself slowly.


15 posted on 06/04/2005 3:09:05 PM PDT by Mount Athos
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To: Servant of the 9

lol


16 posted on 06/04/2005 3:31:11 PM PDT by brooklin
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To: STARWISE
The headline looks misleading, judging from the portions of the article that you posted (I didn't read the whole thing, because I didn't want to sign up). Nowhere in the posted article does it quote the judge as saying that the state was obligated to feed the prisoner, only that it had the power to do so.
17 posted on 06/04/2005 3:33:49 PM PDT by inquest (FTAA delenda est)
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To: trisham
That being said, I don't believe that we as a society should allow one of our members to commit suicide.

Going to send the SWAT Team to risk their lives grabbing a suicide in the act?

Going to put people who want to die in the position of having to chose 'Suicide By Cop'?

'Society' should interfere with peoples lives and deaths as little as possible.

SO9

18 posted on 06/04/2005 3:54:03 PM PDT by Servant of the 9 (Trust Me)
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To: Mount Athos
I don't have a problem with the state restricting the liberties of prisoners, including the liberty to kill oneself slowly.

I don't have a problem with it either, except for the monetary waste, if they can demonstrate that restriction is in the law or is in written rules, not just something that is a warden's brain bubble.

So9

19 posted on 06/04/2005 3:57:00 PM PDT by Servant of the 9 (Trust Me)
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To: trisham
society should allow one of our members to commit suicide.
("Live Free or Die," General John Stark, July 31, 1809)

Your comment and your tagline seem to be at war with each other.

20 posted on 06/04/2005 4:08:41 PM PDT by Just A Nobody (I - L O V E - my attitude problem!)
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