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JONES v. ROBINSON

No. 24010.

440 F.2d 249 (1971)

Alton A. JONES, Jr., Appellant, v. Luther D. ROBINSON, M.D.

United States Court of Appeals, District of Columbia Circuit.

Decided February 4, 1971.

Attorney(s) appearing for the Case

Mr. Charles R. Halpern, Washington, D. C., with whom Messrs. Stephen B. Rosenberg and David J. Newburger, Washington, D. C., were on the brief, for appellant.

Mr. Brian W. Shaughnessy, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee.

Before WRIGHT and ROBINSON, Circuit Judges, and GORDON, United States District Judge for the Eastern District of Wisconsin.

PER CURIAM:

This appeal presents a narrow question: what type of fact finding procedure is required before St. Elizabeths Hospital can transfer a patient accused of crime to the maximum security section of the hospital. Using Goldberg v. Kelly, 397 U.S. 254, 90 S.Ct. 1011, 25 L. Ed.2d 287 (1970), as our guide, we hold that the patient must be afforded elemental due process "tailored to the capacities and circumstances of those who are...

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