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LYNCH v. BAXLEY

No. 82-7346.

744 F.2d 1452 (1984)

Jean P. LYNCH, individually and on behalf of all persons similarly situated, Plaintiff, Jesse M. Hughes, et al., Intervening Plaintiffs-Appellants, v. William J. BAXLEY, etc., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 26, 1984.

Attorney(s) appearing for the Case

Robert D. Segall, E. Terry Brown, Montgomery, Ala., for intervening plaintiffs-appellants.

Julian Butler, Sp. Asst. Atty. Gen., Huntsville, Ala., R. Emmett Poundstone, Asst. Atty. Gen., Dept. of Mental Health, Montgomery, Ala., for defendants-appellees.

Before VANCE and CLARK, Circuit Judges, and TUTTLE, Senior Circuit Judge.

CLARK, Circuit Judge:

Plaintiffs-appellants seek to enjoin the defendant officials of the state of Alabama from detaining in county jails persons awaiting mental illness involuntary commitment proceedings.1 The class alleges that the incarceration provided for in the emergency detention provision of the Alabama civil commitment statute deprives them of due process, constitutes cruel and unusual punishment and denies them equal protection...

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