WHITTINGTON v. CAMERON

No. 18808.

344 F.2d 564 (1965)

Maurice N. WHITTINGTON, Appellant, v. Dale C. CAMERON, M. D., Superintendent, St. Elizabeths Hospital, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 18, 1965.


Attorney(s) appearing for the Case

Mr. Daniel I. Sherry, Washington, D. C. (appointed by this court), with whom Mr. Peter J. Dooley, Jr., Washington, D. C., was on the brief, for appellant.

Mr. Peter S. Smith, Atty., Dept. of Justice, of the bar of the Supreme Court of New Hampshire, pro hac vice, by special leave of court, with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Mrs. Ellen Lee Park, Asst. U. S. Attys., were on the brief, for appellee. Mr. Anthony A. Lapham, U. S. Atty., also entered an appearance for appellee.

Before BAZELON, Chief Judge, and DANAHER and McGOWAN, Circuit Judges.


PER CURIAM:

This is a suit to collect the $500 penalty prescribed by 16 D.C.Code § 19041 (Supp. IV, 1965), formerly 16 D.C.Code § 804, to be forfeited by any person who neglects or refuses to respond to a writ of habeas corpus. On September 19, 1962, while in St. Elizabeths Hospital pursuant to 24 D.C.Code § 302,2 appellant applied for a writ of habeas corpus to issue to Dr. Overholser, the then...

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