Feds seek dismissal of Loughner's appeal over meds

AP News
Posted: Dec 12, 2011 2:44 PM
Feds seek dismissal of Loughner's appeal over meds

Prosecutors asked a court to dismiss an appeal by the Tucson shooting rampage suspect over his forced medication with psychotropic drugs.

The dismissal request was made Friday with the 9th Circuit Court of Appeal.

Jared Lee Loughner's attorneys had asked the court to overturn a decision that let prison officials continue to forcibly medicate their client.

Loughner has pleaded not guilty to 49 charges in the Jan. 8 shooting that killed six people and wounded 13 others, including Rep. Gabrielle Giffords.

At issue in Loughner's appeal is whether prison officials or a judge should decide whether a mentally ill person who poses a danger in prison should be forcibly medicated.

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Prosecutors say the decision is for prison officials to make, while Loughner's lawyers say it's up to a judge.