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RENNIE v. KLEIN

Nos. 79-2576, 79-2577.

653 F.2d 836 (1981)

John E. RENNIE, Plaintiff on behalf of himself and all others similarly situated, Caroline Mauger, Eugenio Burgeos, Leon Rossi, Hazel Moncrief, Ernie Welker, Mary Jane Weiss, Margaret Mary McGrath, Joseph Kamienski, Intervenors, on behalf of themselves and all others similarly situated, Appellants/Cross-Appellees, v. Ann KLEIN, Commissioner, Department of Human Services; Michail Rotov, M. D., Director of the Division of Mental Health and Hospitals; Max Pepernik, M. D., Acting Medical Director at Ancora Psychiatric Hospital; Robert Wallis, Chief Executive Officer at Ancora Psychiatric Hospital; Engracio Balita, Consuelo Santos, Victor Ivanov, Gerald Abraham, Assistant Medical Directors at Ancora Psychiatric Hospital, Appellees/Cross-Appellants.

United States Court of Appeals, Third Circuit.

Reargued May 12, 1981.

Decided July 9, 1981.

As Amended July 20, 1981.

Attorney(s) appearing for the Case

John J. Degan, Atty. Gen. of N. J., Stephen Skillman, Asst. Atty. Gen., Steven Wallach (argued), Deputy Atty. Gen., Trenton, N. J., for appellees/cross-appellants.

Stanley C. Van Ness, Public Advocate, Sheldon Gelman, Asst. Deputy Public Advocate (argued), Trenton, N. J., for appellants/cross-appellees.

Joel I. Klein, Ellen S. Silberman, Susan L. Carney, Rogovin, Stern, & Huge, Washington, D. C., for amicus curiae, American Psychiatric Assn.

Christopher A. Hansen, Robert M. Levy, Mental Patients' Rights Project, New York Civil Liberties Union, New York City, Robert Plotkin, Mental Health Law Project, Washington, D. C., for amici curiae American Orthopsychiatric Assn., Mental Health Association, Am. Civil Liberties Union of N. J., Alliance for the Liberation of Mental Patients.

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges.

Reargued En Banc May 12, 1981.

Argued April 22, 1980 before ALDISERT, WEIS and GARTH, Circuit Judges.

Reargued In Banc May 12, 1981 before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.*

This appeal requires us to define the legal rights of the mentally ill with respect to the care and treatment...

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