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GOLDY v. BEAL

No. 75-791 Civil.

429 F.Supp. 640 (1976)

Clifford GOLDY, an incompetent by Robert B. Elion, Esq., his guardian ad litem, et al., v. Frank BEAL, Individually and as Secretary of Public Welfare of the Commonwealth of Pennsylvania, et al.

United States District Court, M. D. Pennsylvania.

July 8, 1976.

Attorney(s) appearing for the Case

Robert B. Elion and Jon Lyons, Susquehanna Legal Services, Bloomsburg, Pa., David Ferleger, Mental Patient Civil Liberties Project, Philadelphia, Pa., for plaintiffs.

Norman Watkins, Deputy Atty. Gen., Harrisburg, Pa., Jonathan Vipond, III, Philadelphia, Pa., for defendants.

Before ROSENN, Circuit Judge, SHERIDAN, Chief District Judge, and NEALON, District Judge.

MEMORANDUM

NEALON, District Judge.

Plaintiffs, inmates at Danville State Hospital in Danville, Pennsylvania, seek declaratory and preliminary and permanent injunctive relief under 42 U.S.C. § 1983 for alleged violations of their civil rights resulting from the operation of section 406 of the Pennsylvania Mental Health and Mental Retardation Act of 1966 (the Act), 50 P.S. § 4406 (section 406), which permits the involuntary and indefinite commitment...

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