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BIG EAGLE v. BEAN

No. 12611.

274 N.W.2d 595 (1979)

Theodore BIG EAGLE, Petitioner and Respondent, v. Dr. David W. BEAN, Administrator of the South Dakota Human Services Center, its agents and employees, individually and in their official capacities, Appellants.

Supreme Court of South Dakota.

Decided January 25, 1979.

Attorney(s) appearing for the Case

Craig A. Kennedy of Doyle, Bierle & Porter, Yankton, for petitioner and respondent.

Harry W. Christianson, Asst. Atty. Gen., Pierre, for appellants; William J. Janklow, Atty. Gen., Pierre, on brief.

MILLER, Circuit Judge.

This is an appeal from the granting of a writ of habeas corpus by the Circuit Court of Yankton County, which ordered the release of respondent from the Human Services Center, Yankton, South Dakota. We affirm.

Respondent has been a patient at the Human Services Center nearly continuously since May, 1964, when he was admitted on a voluntary basis. He was discharged in July, 1964, but was re-admitted in March, 1965.

In 1974 a judge...

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