Exceeding the limits of decency: The legal proceedings
Conservatorship proceedings
Only after the post-conviction appeals were concluded did the State finally acknowledge the gravity of Mr. Thompson’s mental illness. On April 3, 2001, State Attorney General Paul Summers asked a state court to appoint a conservator to Gregory Thompson in order to forcibly medicate him because he “is incapable of making rational decisions.” Supporting the State Attorney General’s request was a competency evaluation by Dr. Casey C. Arney, a treating mental health professional at the Special Needs Facility of the Tennessee Department of Corrections. Dr. Arney reported:
...Greg is a 38 year old gentleman with a long history of Bipolar Disorder and psychotic symptoms. He has severe symptoms of mania with racing tangential thoughts, pressured speech, in delusional grandiosity. He becomes severely agitated and hostile at times. He has assaulted staff in the recent past which appears to be related to his mental illness. It has been recommended by the treatment review committee to be treated with involuntarily medication [sic] and have a conservator assigned to him.
It is my opinion that Greg lacks the insight into his illness to make decisions regarding mental health and medical treatment at this time. I believe that a conservator is necessary to make appropriate decisions regarding his care and without such conservatorship, harm is likely to come to Greg or others as a result of his mental illness. Greg’s illness is chronic and fluctuating in nature, therefore extended periods of marked improvement are not expected.
Attorney General Summers urged the state court find Greg “incapable of managing his person ... based upon his present mental condition.”
On May 10, 2001, the court agreed with Attorney General Summers’ assessment that Greg was “disabled” under the law and “incapable of managing his own affairs” and appointed a conservator.
Greg’s legal team fought the conservatorship with its forced medication provisions. On October 15, 2003, after several hearings, the state court terminated the conservatorship of Greg. The court found “[t]he evidence is not controverted that he is mentally ill. Clearly, Gregory Thompson is mentally ill. The definition and extent and diagnoses may vary. But he’s clearly mentally ill.” Specifically, the court found Greg “could go into a manic phase at any point.” In dissolving the conservatorship, the Court did not overturn the prior ruling that Greg was “disabled,” but determined there were less restrictive alternatives available, other than a conservatorship, to adequately protect Greg. The court’s findings were not appealed by the State.
Exceeding The Limits Of Decency: The Legal Proceedings
- Overview
- Trial proceedings
- State court appeals
- Conservatorship proceedings
- Execution proceedings
- Competency proceedings
Supporters
International Justice Project
National Mental Health Association
Tennessee Black Caucus
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