United States District Court, D. Minnesota
MEMORANDUM AND ORDER
A. Magnuson United States District Court Judge
matter is before the court on the February 4, 2019, Report
and Recommendation (“R&R”) of United States
Magistrate Katherine M. Menendez. (Docket No. 26.) The
R&R recommended that 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. Kidd
filed timely objections to the R&R.
Court must conduct a de novo review of any portion of the
R&R to which specific objections are made. 28 U.S.C.
§ 636(b)(1)(C); Fed.R.Civ.P. 72(b); D. Minn. LR 72.2(b).
Based on that de novo review, and for the reasons set forth
below, the Court overrules Kidd's objections and adopts
facts of this matter are fully set forth in Magistrate Judge
Menendez's thorough R&R and will merely be summarized
here. In 2011, Kidd pled guilty to one count of conspiracy to
possess with intent to distribute crack cocaine before the
United States District Court for the Southern District of
Alabama, and was sentenced to a prison term of 120 months.
The Bureau of Prisons calculates his good conduct release
date to be August 19, 2019. Kidd has been incarcerated at
several facilities since the beginning of his sentence, and
has been incarcerated at FMC-Rochester since July 2018.
mental condition has deteriorated since at least 2016, when
he was diagnosed with a “delusional disorder”
after repeatedly expressing concerns that there was an
“app” in his head that was broadcasting to a
government official. In 2017, Kidd was diagnosed with
schizophrenia of an unspecified type. Kidd's behavior
became increasingly erratic, as he was seen showering fully
clothed and became obsessed with determining the sexuality of
inmates and staff. Prison staff moved Kidd to isolated
housing after his delusions worsened and he became physically
aggressive towards staff and other inmates.
FMC-Rochester treatment team confirmed Kidd's diagnosis
of schizophrenia in September 2018. His symptoms include
delusional beliefs, disorganized thinking, disorganized
behavior, and auditory hallucinations. Additionally, Kidd has
become increasingly aggressive since his transfer to
FMC-Rochester, including spitting on and throwing items at
corrections officers. There have been times where Kidd was
emergently medicated due to his psychosis and threats of
bodily injury to staff.
does not believe he has a mental illness or need for
treatment, but he takes antipsychotic medications daily to
avoid being emergently medicated in the future. These
medications have proven effective at treating Kidd's
schizophrenic symptoms. However, Kidd's physicians at
FMC-Rochester allege that he requires a higher dosage,
different medications, and hospitalization in order to
maximize the effectiveness of his treatment and prepare him
for re-entry at the conclusion of his sentence. The
physicians further claim that without these advanced
treatments, Kidd's symptoms will create a significant
barrier to his successful transition out of incarceration.
October 2, 2018, the Government filed a petition for a
hearing to determine Kidd's present mental condition
pursuant to 18 U.S.C. § 4245(a). Judge Menendez held the
hearing on December 20, 2018, and ultimately concluded that
Kidd should be committed for hospitalization based on his
raises two objections to the R&R. First, he objects to
the recommendation that he be committed for treatment.
Specifically, he alleges that he does not believe he is
suffering from a mental illness, and does not wish to accept
the consequences of additional treatment, like involuntary
medication and seclusion.
statute provides that a prisoner may be involuntarily
committed “if there is reasonable cause to believe that
the person may presently be suffering from a mental disease
or defect for the treatment of which he is in need of custody
for care or treatment in a suitable facility.” 18
U.S.C. § 4245(a). Accordingly, the Court must determine:
(1) whether Mr. Kidd has a mental disease or defect; (2) if
so, whether he is in need of custody for care or treatment;
and (3) if so, whether FMC-Rochester is a suitable facility.
United States v. Horne, 955 F.Supp. 1141, 1144 (D.
Minn. 1997) (Tunheim, J.).
Court acknowledges and has considered Kidd's personal
objections to treatment. However, the evidence and testimony
from Kidd's doctors showing that Kidd suffers from
schizophrenia directly refutes his allegations that he does
not suffer from a mental disease. (See generally
Docket No. 23.)
Kidd is in need of custody for treatment of his condition.
Need may be established by showing that treatment would
enable a prisoner to function in the general prison
population. See United States v. Watson, 893 F.2d
970, 982 (8th Cir. 1990). Kidd's doctors have testified
that the symptoms of his schizophrenia prohibit him from
functioning in the general prison population, as he has a
history of assaulting prison staff and other inmates.
(See Docket No. 9 at 15.) His symptoms also prevent
him from recognizing that he has a mental illness and prevent
him from taking advantage of the full suite of treatment
options available at FMC-Rochester. (Docket No. 23 at 33.)
Kidd's doctors testified that he has responded well to
the low dosage of anti-psychotics he accepts, but Kidd's
refusal to take the full recommended dosage and participate
in other treatment programs has ...