Changeflow GovPing Courts & Legal People v. Pilove - Involuntary Medication Order...
Priority review Enforcement Amended Final

People v. Pilove - Involuntary Medication Order Affirmed

Favicon for www.courtlistener.com CO Court of Appeals Opinions
Filed
Detected
Email

Summary

Colorado Court of Appeals affirmed a district court order authorizing Colorado Mental Health Hospital in Pueblo to involuntarily medicate Matthew Pilove, who was found not guilty by reason of insanity. The court applied the four-element test from People v. Medina to determine the medication was medically necessary and constitutionally permissible despite Pilove's refusal.

Published by CO Appeals on courtlistener.com . Detected, standardized, and enriched by GovPing. Review our methodology and editorial standards .

What changed

The Colorado Court of Appeals affirmed the district court's six-month involuntary medication order for Matthew Pilove, authorizing staff at Colorado Mental Health Hospital to administer Zyprexa and lithium daily, with Haldol available for acute agitation. The court applied the People v. Medina four-element test: Pilove was found incompetent to participate in treatment decisions, the medications are necessary to prevent significant deterioration and serious risk of harm, less intrusive treatments have failed, and the medications are medically appropriate.\n\nFor mental health facilities and healthcare providers, this decision reinforces the legal framework for seeking court authorization for involuntary medication of incompetent patients. Facilities must establish documented evidence meeting all four Medina elements before courts will authorize such orders. Patients found not guilty by reason of insanity have limited grounds to challenge medication orders, and appeals must demonstrate the State failed to prove at least one Medina element.

What to do next

  1. Mental health facilities should review and document compliance with People v. Medina four-element test for involuntary medication orders
  2. Healthcare providers should ensure adequate documentation of patient incompetence and medication necessity before petitioning courts
  3. Legal teams should monitor for potential appeals or legislative changes regarding involuntary medication standards

Archived snapshot

Apr 10, 2026

GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.

Jump To

Top Caption Combined Opinion

Support FLP

CourtListener is a project of Free
Law Project
, a federally-recognized 501(c)(3) non-profit. Members help support our work and get special access to features.

Please become a member today.

Join Free.law Now

April 9, 2026 Get Citation Alerts Download PDF Add Note

Peo in Interest of Pilove

Colorado Court of Appeals

Combined Opinion

26CA0235 Peo in Interest of Pilove 04-09-2026

COLORADO COURT OF APPEALS

Court of Appeals No. 26CA0235
Pueblo County District Court No. 26MH30006
Honorable Amiel Markenson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

In the Interest of Matthew Pilove,

Respondent-Appellant.

ORDER AFFIRMED

Division V
Opinion by JUDGE LIPINSKY
Welling and Tow, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced April 9, 2026

Cynthia Mitchell, County Attorney, Kate H. Shafer, Special Assistant County
Attorney, Pueblo, Colorado, for Petitioner-Appellee

Tezak Law P.C., Mary Tezak, Florence, Colorado for Respondent-Appellant
¶1 Matthew Pilove appeals the district court order authorizing

staff at the Colorado Mental Health Hospital in Pueblo (CMHHIP) to

medicate him against his will. We affirm.

I. Background

¶2 Pilove was admitted to CMHHIP after being found not guilty by

reason of insanity in a criminal case. According to the affidavit and

testimony of Dr. Hareesh Pillai, the physician supervising Pilove’s

treatment, Pilove had a long history of mental illness and

psychiatric hospitalizations. Dr. Pillai testified that he diagnosed

Pilove with schizoaffective disorder and that, “[w]hen not adequately

treated with medications, he exhibits symptoms, including

paranoia, delusional ideation, and hallucinations that affect his

thinking and behavior.” In late December 2025, Pilove began

refusing his psychiatric medications. At that time, he also became

agitated and aggressive toward staff and, according to the medical

staff at CMHHIP, “required seclusion and restraint.” Pilove was

involuntarily medicated on an emergency basis before the State

petitioned for a six-month order permitting the involuntary

administration of (1) Zyprexa and lithium on a daily basis and

1
(2) Haldol, if needed for acute agitation or if Pilove refused to take

lithium orally.

¶3 At the evidentiary hearing in this case, Dr. Pillai testified that

an involuntary medication order was warranted under the four

elements set forth in People v. Medina, 705 P.2d 961 (Colo. 1985),

because (1) Pilove is incompetent to effectively participate in his

treatment decisions; (2) the requested medications are necessary to

prevent a significant and likely long-term deterioration in his

mental health condition and to prevent the likelihood that he would

pose a serious risk of harm to himself and others; (3) a less

intrusive treatment alternative is not available; and (4) Pilove’s need

for treatment with psychiatric medications outweighs any bona fide

interest in refusing treatment. See id. at 973. The district court

found that Dr. Pillai’s testimony was credible and persuasive and

adopted his opinions. Pilove testified that he objected to taking the

requested medications because (1) using drugs to treat mental

illness is contrary to his Rastafarian religious beliefs; and

(2) Zyprexa causes him to become hungry and have an increased

appetite, and lithium makes him sleepy and “a little more

depress[ed].” The district court concluded that Dr. Pillai’s affidavit

2
and testimony provided clear and convincing evidence for each of

the four Medina elements. It therefore authorized CMHHIP staff to

administer the requested medications to Pilove involuntarily.

II. Discussion

¶4 On appeal, Pilove only challenges the sufficiency of the

evidence supporting the fourth Medina element — whether his need

for treatment is sufficiently compelling to override his bona fide and

legitimate interest in refusing treatment. See id. Pilove’s sole

argument is that the district court erred by finding he had not

demonstrated a bona fide and legitimate interest in refusal.

¶5 The record refutes the factual basis for Pilove’s argument. In

both its ruling from the bench at the evidentiary hearing and its

written order, the district court found that Pilove’s interest in

refusal was bona fide and legitimate based on his “religious

preference” and the alleged side effects he described. But in

applying the fourth Medina element, the court found by clear and

convincing evidence that Pilove’s prognosis without treatment was

so unfavorable that his “personal preference must yield” to the

state’s “legitimate interest in preserving” his “life and health” and

protecting the safety of those in CMHHIP. Id. at 974. The court

3
pointed to Dr. Pillai’s testimony that, without medication, Pilove

was at risk of significant long-term deterioration. The court

specifically noted Pilove’s suicide attempts; refusal to eat at times,

which required placement of a feeding tube; aggressiveness toward

others; and inability to care for himself. Because ample evidence in

the record supports the district court’s findings and conclusion

regarding the fourth Medina element, we perceive no basis for

reversal. See People in Interest of A.J.L., 243 P.3d 244, 255 (Colo.

2010).

III. Disposition

¶6 The order authorizing the involuntary administration of

psychiatric medication is affirmed.

JUDGE WELLING and JUDGE TOW concur.

4

Named provisions

People v. Medina four-element test

Get daily alerts for CO Court of Appeals Opinions

Daily digest delivered to your inbox.

Free. Unsubscribe anytime.

About this page

What is GovPing?

Every important government, regulator, and court update from around the world. One place. Real-time. Free. Our mission

What's from the agency?

Source document text, dates, docket IDs, and authority are extracted directly from CO Appeals.

What's AI-generated?

The summary, classification, recommended actions, deadlines, and penalty information are AI-generated from the original text and may contain errors. Always verify against the source document.

Last updated

Classification

Agency
CO Appeals
Filed
April 9th, 2026
Instrument
Enforcement
Legal weight
Binding
Stage
Final
Change scope
Substantive
Document ID
Colorado Court of Appeals No. 26CA0235
Docket
26CA0235 26MH30006

Who this affects

Applies to
Healthcare providers Patients
Industry sector
6221 Hospitals & Health Systems
Activity scope
Involuntary medication orders Mental health treatment Court-ordered care
Geographic scope
Colorado US-CO

Taxonomy

Primary area
Healthcare
Operational domain
Legal
Topics
Public Health Civil Rights

Get alerts for this source

We'll email you when CO Court of Appeals Opinions publishes new changes.

Free. Unsubscribe anytime.

You're subscribed!