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PROJECT RELEASE v. PREVOST

No. 78 C 1467.

463 F.Supp. 1033 (1978)

PROJECT RELEASE, Individually and on behalf of its members and all others similarly situated, Carrie Greene, Individually and on behalf of all others similarly situated, Plaintiffs, v. James PREVOST, Individually and as Commissioner of the New York State Department of Mental Hygiene and Office of Mental Health, Defendant.

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

December 29, 1978.

Attorney(s) appearing for the Case

New York Civil Liberties Union, New York City, for plaintiffs, by Christopher A. Hansen, Robert Morris Levy, New York City.

Louis J. Lefkowitz, Atty. Gen. of the State of N. Y., New York City, for defendant, by Robert S. Hammer, Robert J. Schack, New York City (William A. Carnahan, and John Aveni, Department of Mental Hygiene, Albany, of counsel).

MEMORANDUM AND ORDER

NEAHER, District Judge.

This civil rights action, brought pursuant to 42 U.S.C. § 1983 and its jurisdictional counterpart 28 U.S.C. § 1343(3), challenges the constitutionality of the standards for civil commitment of mentally ill persons embodied in various provisions of the New York Mental Hygiene Law ("MHL") and the procedures used in such commitments. Specifically, the action is brought to declare MHL §§ 9.13,...

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