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STATE EX REL. HARPER v. ZEGEER

No. 14950.

296 S.E.2d 873 (1982)

STATE ex rel. Mark Anthony HARPER v. Jack ZEGEER, Judge, etc., et al., City of South Charleston.

Supreme Court of Appeals of West Virginia.

On Rehearing July 15, 1982.

Attorney(s) appearing for the Case

Charles R. Garten, Charleston, for relator.

Jack Zegeer, pro se and Harley E. Tingler, South Charleston, for respondents.

Mental Health Association, Inc. by Paul Raymond Stone, Charleston, W.Va. Civil Liberties Union by James F. Humphreys, Charleston, for amicus curiae.

HARSHBARGER, Justice:

After Mark Harper, of South Charleston, was arrested and incarcerated for public intoxication more than a dozen times in 1980, he petitioned by habeas corpus to test the constitutionality of jailing chronic alcoholics who are intoxicated in public.1

I.

Medical experts and professional groups have concluded that alcoholism is a disease.2 The World Health Organization named...

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