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MAUST v. HEADLEY

No. 90-2994.

959 F.2d 644 (1992)

David Edward MAUST, Plaintiff-Appellant, v. Dennis E. HEADLEY, Superintendent, Forensic Program, Elgin Mental Health Center, Stephen L. Hardy, Dr., Superintendent, Chester Mental Health Center, and Cynthia Dennison, Employee, Forensic Unit, Elgin Mental Health Center, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 26, 1992.

As Amended March 31, 1992.

Rehearing Denied April 23, 1992.

Attorney(s) appearing for the Case

Timothy A. Bridge (argued), Nancy L. Libman, Lorence Harley Slutzky, Steven W. Goldberg, Vernon A. Kowal, Robbins, Schwartz, Nicholas, Lifton & Taylor, Chicago, Ill., for plaintiff-appellant.

Robert G. Toews, Office of the Atty. Gen., Chicago, Ill. (argued), for defendants-appellees.

Before WOOD, Jr., POSNER and KANNE, Circuit Judges.

KANNE, Circuit Judge.

In this appeal we are asked to resolve whether a criminal defendant, found unfit to stand trial and remanded to the custody of the Illinois Department of Mental and Developmental Disabilities, has a protectible liberty and/or property interest to being confined in the least restrictive mental health facility. For the following reasons, we hold that no such interest exists under current Illinois law.

I.

David Edward Maust was...

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