United States District Court, D. Minnesota
REPORT AND RECOMMENDATION
Katherine Menendez United States Magistrate Judge.
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.
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.)
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.
History of Mental Illness During Incarceration
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.)
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.)
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.)
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.
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.)
Deterioration of Mr. Kidd's Mental Health
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
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 ...