Riggins v. Nevada, 504 U.S. 127, 27 (1992)

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Cite as: 504 U. S. 127 (1992)

Thomas, J., dissenting

ers' claims that were not raised or addressed below." Yee v. Escondido, 503 U. S. 519, 533 (1992). Although "we have expressed inconsistent views as to whether this rule is jurisdictional or prudential in cases arising from state courts," ibid., the Court does not attempt to justify its departure here.

Finally, we did not grant certiorari to determine whether the Nevada courts had made the findings required by Harper to support forced administration of a drug. We took this case to decide "[w]hether forced medication during trial violates a defendant's constitutional right to a full and fair trial." Pet. for Cert. The Court declines to answer this question one way or the other, stating only that a violation of Harper "may well have impaired the constitutionally protected trial rights Riggins invokes." Ante, at 137. As we have stated, "we ordinarily do not consider questions outside those presented in the petition for certiorari." Yee v. Escondido, supra, at 535. I believe that we should refuse to consider Riggins' Harper argument.

B

The Harper issue, in any event, does not warrant reversal of Riggins' conviction. The Court correctly states that Riggins, as a detainee awaiting trial, had at least the same liberty interest in avoiding unwanted medication that the inmate had in Harper. This case, however, differs from Harper in a very significant respect. When the inmate in Harper complained that physicians were drugging him against his will, he sought damages and an injunction against future medication in a civil action under 42 U. S. C. § 1983. See 494 U. S., at 217. Although Riggins also complains of forced medication, he is seeking a reversal of his criminal conviction. I would not expand Harper to include this remedy.

We have held that plaintiffs may receive civil remedies for all manner of constitutional violations under § 1983. See

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