KASAP v. MORITZ

No. 77-3582.

613 F.2d 138 (1980)

Nicholas KASAP, Individually and on behalf of all other persons similarly situated, Plaintiffs-Appellants, v. Timothy B. MORITZ, M.D., Director of the Ohio Department of Mental Health and Mental Retardation; Paul R. McAvoy, D.S.W., Acting Commissioner of the Division of Mental Health; Lawrence P. Benson, Superintendent of the Toledo Mental Health Center; Honorable Robert L. Gilson, Acting Probate Judge for Lucas County, Ohio, Individually and in their official capacities, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 2, 1980.


Attorney(s) appearing for the Case

Robin M. Kennedy, Mental Health Law Clinic, Peter H. Barber, Toledo, Ohio, for plaintiffs-appellants.

William J. Brown, Atty. Gen. of Ohio, Columbus, Ohio, for Moritz, McAvoy and Benson.

Richard David Drake, Anthony G. Pizza, Pros. Atty., Lucas County, Ohio, Toledo, Ohio, for Gilson.

Before EDWARDS, Chief Judge, and KEITH and BROWN, Circuit Judges.


ORDER

Appellant, Kasap, filed a class action under 42 U.S.C. § 1983 in the District Court for the Northern District of Ohio, Western Division, challenging Chapter 5122 of the Ohio Revised Code Ann., which is the statute that prescribes the procedures for the involuntary commitment of persons to mental institutions. Kasap alleged that he was involuntarily committed pursuant to the statute on January 1, 1977, an emergency commitment section, and was not afforded...

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