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DOE v. GALLINOT

No. 80-5658.

657 F.2d 1017 (1981)

John DOE, Plaintiff-Appellee, v. Gary GALLINOT, et al., Defendants, Dale H. Farabee, Director of the State Department of Mental Health; Harry Jones, M.D., S. E. Stephens, M.D., and David Edwards, M.D., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 10, 1981.

Attorney(s) appearing for the Case

Paul D. Fogel, Deputy State Public Defender, Los Angeles, Cal., Joel Franklin, Deputy Public Defender, Monterey County, of counsel, for plaintiff-appellee.

Donald A. Robinson, Deputy Atty. Gen., Los Angeles, Cal., for defendants-appellants.

Before WRIGHT, POOLE and NELSON, Circuit Judges.

NELSON, Circuit Judge:

Officials and employees of the California State Department of Mental Health appeal from the district court's decision declaring certain provisions of the Lanterman-Petris-Short ("LPS") Act1 unconstitutional on their face and entering injunctive relief. Under the relevant provisions, persons judged to be "gravely disabled" due to mental disease may be committed to a mental institution for 72 hours on an emergency...

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