Donaldson

Plaintiff Thomas Donaldson wishes to die in order to live. He suffers from an incurable brain disease. He wishes to commit suicide with the assistance of plaintiff Carlos Mondragon so that his body may be cryogenically preserved. It is Donaldson’s hope that sometime in the future, when a cure for his disease is found, his body may be brought back to life.

He and Mondragon appeal a judgment dismissing their action for declaratory and injunctive relief. Despite our sympathy for Donaldson, we must affirm and hold he has no constitutional right to either premortem cryogenic suspension or an assisted suicide. We also decide Mondragon has no constitutional right to aid, advise or encourage Donaldson’s suicide.

Facts

Donaldson and Carlos Mondragon brought an action for declaratory and injunctive relief against the state Attorney General, the Santa Barbara District Attorney, and the Santa Barbara County Coroner. Plaintiffs’ first amended complaint seeks a declaration that Donaldson has a constitutional right to premortem cryogenic suspension of his body and the assistance of others in achieving that state. The first amended complaint also seeks an injunction against criminal…