ST. LOUIS — A federal judge in Missouri granted a motion to dismiss a case involving a man who claimed he was forcibly medicated during his time in a psychiatric facility.
In March 2022, Everett Henderson filed a lawsuit asserting that he was forcefully medicated in 2011 and 2015 while confined at the St. Louis Psychiatric Rehabilitation Center (SLPRC), according to the memorandum and order filed Aug. 19 in U.S. District Court of the Eastern District of Missouri.
U.S. District Judge Rodney W. Sippel wrote that he dismissed several defendants on June 30, 2023, and on Nov. 30, 2023.
The case focuses on the 2015 incident, in which Henderson claims that he was falsely accused of assaulting SLPRC employee Onterio Sheppard, leading to him being forcibly restrained and injected with psychotropic drugs under the direction of a psychiatrist referred to as Dr. Jane Doe.
Henderson, diagnosed with Bipolar Disorder I with Psychotic Features, was committed to SLPRC in 2006 following a plea of Not Guilty by Reason of Insanity (NGRI) for multiple serious charges of 1st-degree assault of a law enforcement officer; two counts of armed criminal action; 2nd-degree assault on a law enforcement officer; two counts of kidnapping; five counts of unlawful use of a weapon (exhibiting); resisting arrest; violating of an order of protection; and assault in the first degree.
Henderson alleges that Sheppard restrained him and, following orders from Doe, administered a cocktail of psychotropic drugs. Henderson further claims that he was coerced into receiving additional medication by being told he would remain restrained until he complied.
On June 30, 2023, the court dismissed several defendants and claims due to Henderson's failure to state a valid claim.
Subsequently, Sheppard filed a motion to dismiss the case because it was filed after the five-year statute of limitations had expired.
Henderson argued that the limitations period should be equitably tolled due to his ongoing mental illness.
"In the companion case before Judge White, the defendants moved to dismiss Henderson’s claims related to the 2011 incident based on statute of limitations grounds," Sippel wrote. "On July 9, 2024, Judge White issued his decision granting the defendants’ motion to dismiss. Judge White found that the five-year statute of limitation applied to Henderson’s claims."
However, the court rejected this argument, stating that Henderson's ability to file lawsuits indicated his capacity to understand and act on his legal rights.
"I adopt Judge White’s reasoning in rejecting Henderson’s request for equitable tolling," Sippel wrote. "His bare assertion that he is perceived by MDMH as being mentally ill is not sufficient by itself. Moreover, Henderson’s pleadings in this case demonstrate his capacity to understand his legal rights and act upon them."
The court granted Sheppard's motion to dismiss the case and denied all other pending motions as moot.
Henderson is representing himself.
Eric P. Kinnaw of the Missouri Attorney General's Office is representing Sheppard.
The Attorney General's Office declined to comment on the case.
U.S. District Court for the Eastern District of Missouri, Eastern Division case number: 4:22-cv-01056