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United States v. Kidd

United States District Court, D. Minnesota

February 4, 2019

United States of America, Petitioner,
v.
Patrick Kidd Respondent.

          REPORT AND RECOMMENDATION

          Katherine Menendez United States Magistrate Judge.

         Patrick Kidd, the respondent in this matter, is currently incarcerated at FMC-Rochester. In October 2018 the government filed a petition to determine the present mental condition of Mr. Kidd pursuant to 18 U.S.C. § 4245. (ECF No. 1.) The Court recommends that the government's petition be GRANTED and that Mr. Kidd be committed to the custody of the United States Attorney General pursuant to 18 U.S.C. § 4245 for hospitalization and treatment until he is no longer in need of such custody for care and treatment.

         FACTS

         I. The Hearing

         Pursuant to 18 U.S.C. §§ 4245(c) and 4247(d), a hearing on the government's Petition, (Doc. 1), was held on December 20, 2018 at FMC-Rochester. Melissa Klein, Ph.D., LP, a Psychologist at FMC-Rochester, and John P. Daniels, M.D., a Psychiatrist at FMC-Rochester, testified on behalf of the government. Respondent Patrick Kidd was present at the hearing and represented by counsel. (Doc. 23 at 5:14-19.)

         Counsel for the government and Mr. Kidd stipulated that Dr. Klein and Dr. Daniels are qualified to provide their expert opinion regarding Mr. Kidd's mental condition and treatment thereof. (Id. at 9:15-20.) They also stipulated to the admission of Mr. Kidd's Bureau of Prisons central file, medical records, and psychological records. (Id. at 8:19-9:7.) The Court accepted these documents into evidence as Exhibit D. (Id.) These documents are cited herein to the Bates numbers on Exhibit D.

         II. History of Mental Illness During Incarceration

         On October 24, 2011, Mr. Kidd pleaded guilty to one count of conspiracy to possess with intent to distribute crack cocaine, in violation of 21 U.S.C. § 846, by the United States District Court for the Southern District of Alabama. (Doc. 1-1 at 1.) Mr. Kidd was committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 120 months. (Id. at 2.) The Bureau of Prisons calculates his good conduct release date to be August 19, 2019. (Doc. 1-2 at 1.)

         Mr. Kidd was initially designated to FCI-Oakdale (Louisiana) and was incarcerated there from February 2012 to September 2015. (Doc. 9 at 1.) Mr. Kidd was subsequently incarcerated at FCI-Manchester (Kentucky) from September 2014 to April 2015, FCI-Ashland (Kentucky) from April to September 2015, FCI-Fairton (New Jersey) from October 2015 to December 2016, FCI-Bennettsville (South Carolina) from December 2016 to May 2017, FCI-Estill (South Carolina) from May 2017 to October 2017, and FCI-Butner (North Carolina) from October 2017 to April 2018. (Id.) After transfer through various other facilities, Mr. Kidd has been incarcerated at FMC-Rochester since July 2018. (Id.)

         Mr. Kidd began to exhibit mental health symptoms, including possible paranoia, during his time at FCI-Fairton but he was not diagnosed with a mental health condition at that time. (Doc. 23 at 35:22-36:9; see also USA-001396.) After being transferred to FCI-Bennettsville, Mr. Kidd exhibited more notable mental health symptoms. (Doc. 23 at 36:10-22.) During his initial intake at FCI-Bennettsville, Mr. Kidd asked the psychologist to “turn off the app” inside his head, which he claimed had been broadcasting to a government official. (See id.; USA-001388.) He expressed similar delusions in subsequent clinical contacts with mental health care staff at the prison. (See, e.g., USA-001387.) There, he was diagnosed with delusional disorder. (Doc. 23 at 38:7-9; USA-001386.)

         Mr. Kidd's symptoms progressed after he was transferred to FCI-Estill. (See Doc. 23 at 38:12-39:4.) He expressed concern about “body taps, ” i.e., technology implanted in his body that he believes monitors his activities and reports to the government. (USA-001495.) In addition, Mr. Kidd was observed showering while completely clothed and carrying a trash can and talking to himself and inanimate objects. (Id.) Staff grew concerned about Mr. Kidd's hypervigilance to the sexuality of other inmates and staff, (Doc. 23 at 38:15-25), which led to a confrontation on July 5, 2017 where Mr. Kidd became agitated and aggressive toward prison staff. (USA-001478). Mr. Kidd was diagnosed with schizophrenia of an unspecified type. (Id.; Doc. 23 at 39:1-4.) Due to Mr. Kidd's difficulty adjusting to placement in the general population and statements that he fought inmates in the past to determine their sexuality, he was isolated in secure housing. (USA-001481-82.)

         As Mr. Kidd's symptoms grew more severe, Bureau of Prisons officials adjusted his mental health care level accordingly. (Doc. 23 at 39:7-16.) After his diagnosis of schizophrenia and transition to a higher mental health care level, Mr. Kidd was transferred from FCI-Estill to FCI-Butner. (Id.) He remained isolated in secure housing out of concern for his obsession with determining the sexuality of other inmates and his expressed willingness to use violence to make that determination. (Doc. 23 at 39:19-40:2; USA-001435-36.) Mr. Kidd's diagnosis was confirmed as schizophrenia because he had now exhibited auditory hallucinations, disorganized speech, and disorganized behavior. (USA-001532; USA-001623.) Due to the severity of Mr. Kidd's symptoms, psychology staff at FCI-Butner recommended Mr. Kidd be transferred to an inpatient mental health setting for psychiatric treatment to minimize the risk he posed to others and to provide more robust programming options. (USA-001536.)

         III. Deterioration of Mr. Kidd's Mental Health

         Mr. Kidd arrived at FMC-Rochester on July 10, 2018. (Doc. 9 at 12; USA-001615-16.) The team of mental health providers assigned to Mr. Kidd include Dr. Klein, a psychologist, Dr. Daniels, a psychiatrist, and nursing staff. (Doc. 23 at 11:19-12:4.) Both doctors provide mental health treatment to Mr. Kidd and have done so since his transfer to FMC-Rochester in July 2018. (Id. at 11:16; USA-001615-16 (Klein Initial Screening); USA-001228-30 (Daniels Initial Clinical Encounter).)

         The FMC-Rochester treatment team confirmed Mr. Kidd's diagnosis of schizophrenia in September 2018. (Doc. 9 at 15-16; Doc. 23 at 17:6-10; USA-001580.) Specifically, Mr. Kidd is diagnosed with schizophrenia, multiple episodes, currently in acute episode. (Id.) Schizophrenia is a psychotic disorder listed in the Diagnostic and Statistical Manual of Mental Disorders, a guide practitioners use to review, assess, and diagnose patients with mental illness. (Doc. 23 at 23:25-24:3.) Schizophrenia is characterized by five domains of symptoms: hallucinations, delusions, disorganized thinking or speech, disorganized behavior, and negative symptoms. (Id. at 24:5-8; see also Doc. 9 at 16; USA-001580.) To meet the diagnostic criteria for schizophrenia, a person must exhibit symptoms in two or more of these domains for a significant portion of time during a one-month period, with one of the symptoms to include delusions, hallucinations, or disorganized speech. (Doc. 9 at 16.) In addition, continuous symptoms must persist for at least six months, and, for a significant time since onset, one or ...


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