Bioethics Blogs

New Federal Lawsuit To Deem Jahi McMath Alive And Restore Her Civil Rights

Media Advisory:  Press Conference To Occur Announcing Filing Of New Federal Lawsuit To Deem Jahi McMath Alive And Restore Her Civil Rights
When:  Wednesday, December 23, 2015, at 2 p.m.
Where: The Dolan Law Firm, 1438 Market Street, San Francisco
Speakers: Christopher Dolan, counsel for Jahi McMath, and Nailaha Winkfield, mother of Jahi McMath (via online video)
Two years ago Jahi McMath was pronounced dead. Despite overwhelming evidence that Jahi McMath does not meet the criteria established under California law for brain death, the State of California and County of Alameda have refused to acknowledge Jahi’s humanity and continue to deprive her of the civil rights provided to all living persons under the U.S. Constitution and Federal law. 
After exhausting all available avenues to work with the State Department of Vital Statistics, Alameda County Department of Public Health, County Coroner’s Office and County Counsel, to have Jahi McMath’s incomplete, and invalid death certificate (not even signed by an attesting physician) rescinded, and her basic human rights restored, this Federal Lawsuit, for violation of Jahi’s Civil Rights is being by The Dolan Law Firm.
The suit requests that the Federal Court order restoration of Jahi McMath’s fundamental Constitutional rights and declare that she is not brain dead as per the criteria established under California Law.  The lawsuit also seeks to have the Court deem unconstitutional the brain death statute as it provides no mechanism by which evidence can be presented that the original determination of brain death is no longer valid in the face of significant scientific and medical evidence of brain function like that currently demonstrated by Jahi McMath.

The views, opinions and positions expressed by these authors and blogs are theirs and do not necessarily represent that of the Bioethics Research Library and Kennedy Institute of Ethics or Georgetown University.