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Inmate refusing to eat

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June 18, 2009, 15:03
W. Lee Auvenshine
Inmate refusing to eat
An inmate in our jail (accused of murder/has been deemed competent to stand trial)is refusing to eat. He is of slender build, and he has lost 24 pounds thus far. The jail's health care provider believes his condition is becoming a risk to his health, but will not implement a feeding tube absent a court order. Have any of you dealt with a similar issue. Please advise.
June 19, 2009, 08:38
AB
No answers yet, so I'll take a crack at it.

Don't recall having had that particular problem. However, it sounds as if he's been psyched (which would have been one of the steps to take). It sounds as if the jail is not going to apply force without an order (review of facts by neutral magistrate). Your jail has probably cya'd fairly well. The only other thing you might consider is whether or not he should be on a suicide watch since he is apparently attempting it one meal at a time. There are some cases relating to refusals to eat, but they typically construe the Health and Safety Code mental health commitment sections. However, it might be helpful to look through those.

On the other hand, I've have been offered the fine cuisine at the jail and declined the spit burger. His refusal to eat might be one of the more rational decisions he's made.
June 19, 2009, 15:57
A. Diamond
In years past, I had a jail official tell me that the thing about hunger strikers is that once they start eating again, they can't help themselves -- they have broken their fast and will probably continuing eating. So his approach was pure Mayberry -- he would get a plate of wonderful smelling, freshly baked chocolate chip cookies and a great ice cold chocolate or strawberry shake and just place it in the inmate's cell. At least one of the temptation foods has to really SMELL great. It solved the problem most of the time.

Just my two cents.
June 20, 2009, 07:30
Floyd L. Jennings
Barring ingenuous efforts to obtain compliance, I would hand-walk a temporary guardianship through in one day, based upon a single medical certificate wherein is opined that in the absence of a feeding tube, the person is posing significant likelihood of danger to himself and he is exhibiting that degree of incapacity as would be required in the Probate Code to establish a temporary guardianship under Tex. Prob. Code sec. 875. Having a tube placed involuntarily, and being in soft restraints to allow such, is not pleasant and most folk who are not also grossly psychotic will acquiese.
June 20, 2009, 08:05
JK McCown
I'm with Aunt Bea. Give me cookies or give me death!

The chocolate shake would get me.
June 20, 2009, 08:18
JK McCown
I told my son this story and he simply said, "They don't want people to die in jail."

I told him "That's right. Then they have to do a lot of paperwork."

Please tell us the ending of this story someday.
June 21, 2009, 09:51
Mac McIntosh
Pretty simple solution. Take said inmate to the hospital or the jail's medical unit if they have one, secure the inmate, and have a medical professional administer the necessary nutrients either by IV or nasogastrically (usually IV). A court order is not necessary for this, but I guess they want to double-CYA, who knows.
June 21, 2009, 18:06
JB
I would break such a fast only for a fried soft-shell crab po-boy from the New Orleans Jazz Fest. What would it take for you?
June 22, 2009, 10:16
GG
A nice shrimp po-boy replete with some homemade red sauce, with some homemade fries, at said NOLA Jazz Fest.
June 24, 2009, 15:28
jws
We were talking about fasting once, and I made the comment, "I haven't missed many meals." My husband jumped in and said, "You haven't missed A meal." I don't think I'd be very good at fasting, especially for some cause.
June 24, 2009, 16:16
John Talley
I am going to take the "glass is one-half full" version of Jane's observation.

I would be really good at fasting if I didn't have to go hungry.
June 25, 2009, 09:11
GG
I've been fasting (as far as eating tofu) for many years now. A recording studio I once visited in Houston was located adjacent to a tofu factory. I know, I know, the health foodies love their tofu, but trust me, if you saw and smelled the leftover "product" that results from the manufacture of tofu, you'd fast on it too.
June 25, 2009, 10:06
LAS
When we lived in Okinawa, a Japanese woman offered me a "Royal" delicacy -- fermented tofu. It was absolutely the worst thing I've ever put in my mouth.
June 25, 2009, 10:11
LAS
Also, we had an inmate purposefully lose weight and then escape from the jail through a ceiling vent.