Cite as: 504 U. S. 127 (1992)
Thomas, J., dissenting
that "the Nevada courts failed to make findings sufficient to support forced administration of the drug" in this case. Ante, at 129. I consider reversal on this basis improper.
A
Riggins may not complain about a deprivation of the liberty interest that we recognized in Harper because the record does not support his version of the facts. Shortly after his arrest, as the Court notes, Riggins told a psychiatrist at his jail that he was hearing voices and could not sleep. The psychiatrist prescribed Mellaril. When the prescription did not eliminate the problem, Riggins sought further treatment and the psychiatrist increased the dosage. Riggins thus began taking the drug voluntarily. Ante, at 129.
The Court concludes that the medication became involuntary when the trial court denied Riggins' motion for permission not to take the drug during the trial. Ante, at 133. I disagree. Although the court denied Riggins' motion, it did not order him to take any medication.2 Moreover, even though Riggins alleges that the state physicians forced him to take the medication after the court's order, the record contains no finding of fact with respect to this allegation. The Court admits that it merely assumes that the physicians drugged him, and attempts to justify its assumption by observing that the Nevada Supreme Court also assumed that involuntary medication occurred. Ibid. The Nevada Supreme Court, however, may have made its assumption for the purpose of argument; the assumption, in its view, did
2 Riggins' counsel confirmed this interpretation of the order at oral argument:
"QUESTION: . . . [D]id the court ever go further than saying I will not order the State to stop administering the medication? . . . It simply said . . . I won't intervene and enjoin the administration of this medication[.]
"MR. YAMPOLSKY: Yes . . . . "QUESTION: So if [Riggins] had then said, well, I'm not going to take it, he wouldn't be in violation of the court order? . . .
"Mr. YAMPOLSKY: Apparently not." Tr. of Oral Arg. 10.
151
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