James Dzurenda, Interim Commissioner of the Connecticut Department of Correction v. 106264 (2014)

ORDER OF PERMANENT INJUNCTION

This complaint and application for a permanent injunction having come before the undersigned, a judge of the Superior Court, and after an evidentiary hearing held on January 13, 2014, it appearing to the undersigned authority that a permanent injunction ought to issue,¹ it is hereby ORDERED that until further order of the Court, the defendant, Inmate Eric Alvarez, and all persons acting in his aid or behalf be and each of them is hereby jointly and severally commanded to desist and refrain from interfering with the interim Commissioner and any health staff designated by the plaintiff, James Dzurenda, Interim Commissioner of the Connecticut Department of Correction, in treating inmate Alvarez by means of hospitalization, intravenous fluids and/or nourishment, nasal-gastric feeding, and any other health care measures medically necessary to preserve the life of the defendant or necessary to prevent any permanent physical harm to the defendant.   And it is further ORDERED that the Interim Commissioner and any health staff acting pursuant to the statutory duties of the Interim Commissioner, are authorized to hospitalize Inmate Alvarez, or to provide him intravenous fluids and/or nourishment, nasal-gastric feeding, resuscitation in the event of a cardiac event and any other necessary health care measures by the use of reasonable force if necessary, and notwithstanding Inmate Alvarez's refusal or objection.   Inmate Alvarez shall be given an opportunity to consent to the medical intervention beforehand, and force shall only be used if he continues to refuse.

BY THE COURT

Peck, J.

Dated:  1–28–2014

FOOTNOTES

FN1. Pursuant to the standard set forth in Commissioner of Correction v. Coleman, 303 Conn. 800 (2012)..  FN1. Pursuant to the standard set forth in Commissioner of Correction v. Coleman, 303 Conn. 800 (2012).

Peck, A. Susan, J.