UNITED STATES EX REL. SOUDER v. WATSON

Civ. No. 74-279.

413 F.Supp. 711 (1976)

UNITED STATES of America ex rel. Kenneth SOUDER, Petitioner, v. Ulysses S. WATSON, M.D., Superintendent, Farview State Hospital, Waymart, Pennsylvania, Respondent.

United States District Court, M. D. Pennsylvania.

April 28, 1976.


Attorney(s) appearing for the Case

David Ferleger, Mental Patient Civ. Liberties Project, Philadelphia, Pa., for petitioner.

Robert P. Kane, Atty. Gen., Lawrence Silver, Deputy Atty. Gen., Chief, Civ. Litigation by Allen C. Warshaw, Deputy Atty. Gen., Harrisburg, Pa., for respondent.


MEMORANDUM

HERMAN, District Judge.

Before the court is a petition by a state prisoner for a writ of habeas corpus which challenges the constitutionality of Section 411 of the Pennsylvania Mental Health and Mental Retardation Act of 1966, 50 P.S. § 4411.1

As the parties have stipulated the salient facts, no hearing has been conducted in this case. The facts are as follows...

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