Attorney James B. Gottstein's Legal Cases

Appeals

In the Matter of Heather R., 366 P3d 530

Jan 29, 2016

OUTCOME: Won

Alaska Supreme Court. Heather R., was ordered to be taken into custody and evaluated for involuntary psychiatric commitment without being interviewed by the Court or someone ordered by the Court. T ... his was held illegal.

Appeals

United States v. King-Vassel, 728 F.3d 707 (7th Cir. 2013).

Aug 28, 2013

OUTCOME: Won

The Court held that when a doctor prescribes a psychiatric drug to a child on Medicaid that is not for a medically accepted indication, the doctor has caused a false claim (Medicaid Fraud).

Appeals

Bigley v. Alaska Psychiatric Institute, 208 P.3d 168 (Alaska 2009)

May 22, 2009

OUTCOME: Won

The Alaska Supreme Court held that if a less intrusive alternative to forced psychiatric drugging is feasible, the state had to either provide the less restrictive alternative or let the person go. ... The Court also held that it was a violation of Due Process to fail to provide Mr. Bigley's medical chart to his attorney sufficiently in advance of the trial to prepare.

Appeals

Wayne B. v. Alaska Psychiatric Institute, 192 P.3d 989 (Alaska 2008)

Aug 29, 2008

OUTCOME: Won

The Alaska Supreme Court held that the rule requiring the Superior Court to review a transcript before acting on the probate master's recommendation to commit someone had to be strictly followed or the ... Superior Court had to listen to the recording of the hearing.

Appeals

Wetherhorn v. Alaska Psychiatric Institute, 156 P.3d 371 (Alaska 2007)

Apr 13, 2007

OUTCOME: Won

The Alaska Supreme Court held it was unconstitutional to involuntarily commit someone to a psychiatric hospital for being "gravely disabled" unless the disability was so severe that the person could no ... t survive safely outside the hospital.

Appeals

Myers v. Alaska Psychiatric Institute, 138 P3d. 238 (Alaska 2006)

Jun 30, 2006

OUTCOME: Won

The Alaska Supreme Court held it was unconstitutional to force someone to take psychiatric drugs against their will unless the State proved by clear and convincing evidence that it was in the person's ... best interest and there was no less intrusive alternative available.

Appeals

Bigley v. Alaska Psychiatric Institute, 208 P.3d 168 (Alaska 2009)

N/A

OUTCOME: Won

The Alaska Supreme Court held that if a less intrusive alternative to forced psychiatric drugging is feasible, the state had to either provide the less restrictive alternative or let the person go. ... The Court also held that it was a violation of Due Process to fail to provide Mr. Bigley's medical chart to his attorney sufficiently in advance of the trial to prepare.

James B. Gottstein's Legal Cases (7)

In the Matter of Heather R., 366 P3d 530

United States v. King-Vassel, 728 F.3d 707 (7th Cir. 2013).

Bigley v. Alaska Psychiatric Institute, 208 P.3d 168 (Alaska 2009)

Wayne B. v. Alaska Psychiatric Institute, 192 P.3d 989 (Alaska 2008)

Wetherhorn v. Alaska Psychiatric Institute, 156 P.3d 371 (Alaska 2007)

Myers v. Alaska Psychiatric Institute, 138 P3d. 238 (Alaska 2006)

Bigley v. Alaska Psychiatric Institute, 208 P.3d 168 (Alaska 2009)