TROOP, J.
A complaint was filed in this court, November 6, 1975, by Gordon Harris against the state of Ohio, Department of Mental Health and Mental Retardation. The allegations of the complaint which provide a background for the incident which is the basis for the complaint are of more than ordinary importance to this discussion and are quoted in full, as follows:
"(1) In 1972, Chester Holt, a female person, was a patient at the Cleveland State Hospital, a...
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