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C.R. v. ADAMS

No. 80-2047.

649 F.2d 625 (1981)

C.R., individually and on behalf of all other persons similarly situated, Appellant, v. David Arthur ADAMS, individually and in his capacity as Judicial Hospitalization Referee, Michael V. Reagen, Charles Palmer, and Candiah Thiagarajah, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 2, 1981.

As Amended on Denial of Rehearing July 1, 1981.

Attorney(s) appearing for the Case

Philip Mears, Mears, Zimmermann & Mears, Iowa City, Iowa, for appellant.

Thomas J. Miller, Atty. Gen. of Iowa, John G. Black, Sp. Asst. Atty. Gen., Thomas Mann, Jr., Asst. Atty. Gen., Des Moines, Iowa, Steven S. Hoth, Des Moines County Atty., Burlington, Iowa, for appellees.

Before LAY, Chief Judge, STEPHENSON and ARNOLD, Circuit Judges.

ARNOLD, Circuit Judge.

This appeal presents the question of whether an outpatient, under Iowa law, has a right to notice and hearing before his status is revoked and he is returned to an institution for inpatient treatment. While this important constitutional question will be discussed in this opinion,1 we find that another question is dispositive of the case at this point in the litigation. That question is whether this is an appropriate...

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