LYNCH v. BAXLEY

No. 80-7541.

651 F.2d 387 (1981)

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

United States Court of Appeals, Fifth Circuit. Unit B

July 23, 1981.


Attorney(s) appearing for the Case

Copeland, Franco, Screws & Gill, Robert D. Segall, Montgomery, Ala., for plaintiffs-appellants.

Julian Butler, Sp. Asst. Atty. Gen., Huntsville, Ala., for Baxley.

Before GODBOLD, Chief Judge, KRAVITCH, Circuit Judge, and THOMAS, District Judge.


GODBOLD, Chief Judge:

During the pendency of this class action challenging a state statute the statute was amended and the standing of the class representatives arguably destroyed. The district court dismissed the case on the ground there was no proof that the class representatives had standing to seek relief under the new statute. We reverse.

The action began more than seven years ago as an attack on the constitutionality of Alabama's involuntary civil commitment...

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