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VITEK v. JONES

No. 77-888.

436 U.S. 407 (1978)

VITEK, DIRECTOR, DEPARTMENT OF CORRECTIONAL SERVICES, ET AL. v. JONES ET AL.

Supreme Court of the United States.

Decided May 23, 1978.

Attorney(s) appearing for the Case

Melvin Kent Kammerlohr, Assistant Attorney General of Nebraska, argued the cause for appellants. With him on the brief was Paul L. Douglas, Attorney General.

Thomas A. Wurtz, by appointment of the Court, 435 U.S. 949, argued the cause and filed a brief for appellee Jones.*

PER CURIAM.

This appeal presents a challenge under the Due Process Clause of the Fourteenth Amendment to a state statute which authorizes the transfer of a state prisoner, without his consent, to a state mental hospital upon a finding by a physician or psychologist that the prisoner suffers from a mental disease or defect and that he cannot be given proper treatment within the facility in which he is confined.1

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