Washington high court rules inmate has no right to starve himself News
Washington high court rules inmate has no right to starve himself

[JURIST] The Washington Supreme Court [official website] on Thursday ruled [opinion] that the Washington state constitution does not provide a right for prison inmates to starve themselves to death. Convicted arsonist Charles R. McNabb sued the Washington State Department of Corrections (DOC) [official website] to stop his force-feeding [JURIST news archive]. McNabb pursued his case under the Article I, Section 7 guarantee of privacy enshrined in the Washington constitution [text], but DOC officials argued that they had a "legal and constitutional obligation" to prevent him from starving to death. The court ultimately ruled in favor of the DOC, noting that McNabb was not on a hunger strike but was rather attempting to commit suicide via starvation:

An individual retains a modicum of constitutional protection while incarcerated. However, "many rights and privileges are subject to limitation in penal institutions because of paramount institutional goals and policies." [citation omitted]. Therefore, in accord with holdings from other jurisdictions, we conclude that McNabb retains a limited right of privacy, including the limited right to refuse artificial means of nutrition and hydration subject to the goals and policies of the prison system…

[W]e conclude that the State's interests in applying DOC's force-feeding policy to McNabb outweigh his right to refuse artificial means of nutrition and hydration.

First, the State has a compelling interest in maintaining security and orderly administration in its prison system…

Second, the State has a strong interest in the preservation of life where medical treatment will in fact save the patient's life…

Third, the State has a compelling interest in protecting innocent third parties…

Typically, the court considers the interests of the patient's dependents and family members…

Fourth, the State has a compelling interest in the prevention of suicide…

Fifth, the State has a compelling interest in the maintenance of the ethical integrity of the medical profession.

Only one justice dissented [text], writing that "force-feeding will not rehabilitate McNabb or contribute to his welfare; by contrast, force-feeding is degrading and cruel."

McNabb pleaded guilty to first-degree assault and arson after he set fire to the house of his estranged wife, and received a sentence of 14 years. He first stopped eating while detained before trial, apparently in an attempt to starve himself to death out of remorse. Prison officials began to force-feed McNabb after attempting to convince him to eat on his own. The Spokesman Review has more.

THIS DAY @ LAW

UN General Assembly approves Palestine partition plan

The UN General Assembly approved UN Resolution Resolution 181 (II) on November 29, 1947, recommending that the British Mandate for Palestine be split into a Jewish state, an Arab state, and an international zone for Jerusalem. The vote in the assembly was 33 for to 13 against, with 10 abstentions. The resolution sparked a war between Palestinian Arabs and Jews in 1947 and a wider war after Egypt, Syria, Jordan, Iraq, and Lebanon invaded the new State of Israel in 1948. Read Resolution 181 (II).

UN divided Palestine between Arabs and Jews

On November 29, 1947, the UN General Assembly voted to partition Palestine into Jewish and Arab territories, leading to the establishment of a Jewish state the following year. Read UN General Assembly Resolution 181.

Defense Secretary Robert McNamara resigns during Vietnam Conflict

On November 29, 1967, Secretary of Defense Robert S. McNamara announced that he was resigning from his office to accept an appointment as head of the World Bank. The announcement came as the Vietnam Conflict was becoming increasingly unpopular in the United States and abroad.