University Board Contends Treatment Without Consent Or Court Order Is Constitutional

In support of its motion to dismiss a lawsuit, the Board of Trustees of the University of Arkansas Little Rock stated:

“Plaintiffs seem to argue that by merely stating they seek only equitable relief from the Board to prevent future action that in their opinion is ‘illegal, unconstitutional and ultra vires,’ then the State’s sovereign immunity is not applicable. However, Plaintiffs’ ultra vires proclamation does not make it so. Plaintiffs disagree with the medical care that Plaintiff Lynn received and have now
launched an attack on 81 current and former employees.”

The plaintiffs complained that the patient refused treatment. When he tried to leave, the 81 current and former employees doused him with fentanyl – against his will – benzodiazepines – against his will – anti-psychotics- against his will – catheterized his penis three times – against his will – bound him to railings naked – against his will – forced him to defecate in a bedpan, despite his pleas to use a toilet – against his will – starved him – against his will – dehydrated him – against his will – tackled him repeatedly when he tried to escape and disrupted the oscillator chain in his left ear, causing deafness in that ear.

There was no petition filed for court approval of the two-week imprisonment and non-consensual conduct.

But the Board of Trustees argues that condoning the conduct of the 81 employees is acting in good faith.

These are the individuals, appointed to oversee the operation of all UALR programs, including UAMS Medical Center:

Randy Lawson, chair

Steve Cox, vice chair

Ed Fryar, secretary

Kevin Crass, assistant secretary

Ted Dickey

Jeremy Wilson

Nathaniel Todd

Scott Ford

Judd Deere

Ashley Caldwell