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GOMEZ v. MILLER

No. 71 Civ. 2411.

341 F.Supp. 323 (1972)

Luis GOMEZ et al., Plaintiffs, v. Alan D. MILLER, Commissioner of Mental Hygiene of the State of New York, et al., Defendants.

United States District Court, S. D. New York.

April 14, 1972.

Attorney(s) appearing for the Case

Kristin Booth Glen, Bill of Rights Foundation, New York City, for plaintiffs; Nancy Stearns, National Lawyers Guild, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., State of New York, New York City, for defendants; Samuel A. Hirshowitz, Brenda Soloff, New York City, of counsel.

Bruce J. Ennis, New York City, for The American Civil Liberties Union and New York Civil Liberties Union, amici curiae.

Before MOORE, Circuit Judge, and MacMAHON and LASKER, District Judges.

LASKER, District Judge.

This civil rights class action raises important questions as to the constitutionality of the New York statutes under which persons indicted for felony may be held untried in New York State's Matteawan and Dannemora Hospitals — generally known as hospitals for the "criminally insane."

I.

All the plaintiffs have been indicted for felony but none has been tried or convicted. Each has been committed to Matteawan on a certification...

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