Excited Delirium
2024: Ending the Myth of “Excited Delirium”
Goal
Eliminate the use of the debunked theory of “excited delirium” as a medical diagnosis or cause of death.
Hawaii SB 2033
Prohibits excited delirium from being recognized as a valid medical diagnosis or cause of death in the State. Prohibits a local health officer or local agent of the Department of Health from stating on a certificate of death or in any report that the cause of death was excited delirium. Prohibits law enforcement officers from using the term excited delirium to describe an individual in an incident report. Establishes a new rule of evidence that deems evidence that a person experienced or suffered an excited delirium inadmissible in a civil action.
Colorado HB 1103
Prohibiting use of excited delirium.
Excited Delirium and Police use of Force
This Article provides the first comprehensive assessment of excited delirium in law and legal scholarship. Drawing upon an original dataset that collects information on in-custody deaths over the past decade tied to excited delirium, this Article documents the extent to which this condition has been articulated by legal and medical actors as a cause of death in situations where police have used force. The data show, among other findings, that at least 56% of deaths that occur in police custody that are attributed to excited delirium involve Black and Latinx victims.