James Boyd Mackey v. Raymond K. Procunier

477 F.2d 877 (1973)

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James Boyd Mackey v. Raymond K. Procunier

United States Court of Appeals for the Ninth Circuit
477 F.2d 877 (1973)

Facts

James Boyd Mackey (plaintiff) was imprisoned at Folsom State and argued to the district court that prison officials, including Raymond K. Procunier (defendant), had engaged in cruel and unusual punishment by experimentally administering the drug succinylcholine without his consent and when he was fully conscious. Mackey had only consented to shock therapy. The recommended usage of the drug is in conjunction with shock treatment and anesthesia but should not be given to fully conscious patients, due to the frightening effect it has. Mackey argued that the prison was testing whether prisoner behavior could be changed based on the fear and pain inflicted by the drug. The district court granted summary judgment in favor of Procunier, finding the claim to be one of malpractice. Mackey appealed to the Ninth Circuit Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Merrill, J.)

Dissent (Wright, J.)

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