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UNITED STATES EX REL. SCHUSTER v. HEROLD

No. 434, Docket 32194.

410 F.2d 1071 (1969)

UNITED STATES of America ex rel. Roy SCHUSTER, Relator-Appellant, v. Ross E. HEROLD, M.D., Director of Dannemora State Hospital, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided April 24, 1969.

Attorney(s) appearing for the Case

Faith A. Seidenberg, George J. Alexander, Syracuse, N. Y., for relator-appellant.

Arlene R. Silverman, New York City (Louis J. Lefkowitz, Atty. Gen., for the State of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before MOORE, KAUFMAN and FEINBERG, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

We have, thankfully, come a long way from the days when ignorance induced fear of the mentally ill. As great strides in psychiatric knowledge have been paralleled by evolving concepts of due process, humane procedures for the commitment and treatment of the mentally ill have replaced snake pits and witch hunts. The time has long since passed when a mere charge that one was "possessed by demons" would automatically result in banishment...

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