Garen W. Stockwell, Appellant,
State of Kansas, Appellee.
person who has been involuntarily confined by the State can
file a habeas-corpus petition under K.S.A. 2016 Supp. 60-1501
to challenge the conditions of his confinement. To obtain
relief, he or she must show either (1) shocking or
intolerable conduct in his or her treatment or (2) continuing
mistreatment of a constitutional nature.
competent person has a constitutionally protected liberty
interest to refuse unwanted medical treatment. That right
applies to those who have been involuntarily committed to the
Kansas Sexual Predator Treatment Program.
State of Kansas, which administers a Sexual Predator
Treatment Program, must use reasonable efforts to inform its
staff of a patient's do-not-resuscitate request and to
have its staff act in accordance with that request should a
situation covered by it arise.
from Pawnee District Court; Bruce T. Gatterman, judge.
Opinion filed June 23, 2017. Reversed and remanded with
Gerald E. Wells, of Jerry Wells Attorney-at-Law, of
Lawrence, for appellant.
Kimberly M.J. Lynch, senior litigation counsel, Kansas
Department for Aging and Disability Services, for appellee.
Leben, P.J., Powell and Schroeder, JJ.
1997, Garen Stockwell has lived at Larned State Hospital,
though not by choice: He was involuntarily committed to the
hospital's Sexual Predator Treatment Program because of
the substantial risk that he would reoffend if left at large.
Although he can't leave the state-hospital grounds, he
retains most of his civil rights because he has been placed
in custody in a civil proceeding, not sent to prison for a
Stockwell sought to exercise one of those civil rights-the
right to refuse medical treatment-hospital staff said he had
no right to enter an advance directive like a
do-not-resuscitate order, and Stockwell filed suit. Under
court order, hospital staff then gave him a form he could
fill out to request that he not be resuscitated if he stopped
breathing or his heart stopped beating as well as a
living-will form. Hospital staff put the completed forms in
Stockwell's medical file but told him that under the
hospital's policies, it would not honor his requests
unless and until two physicians had determined that he ...