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BENHAM v. EDWARDS

No. 80-9052.

678 F.2d 511 (1982)

Joe BENHAM, Terry E. Anthony and Woodrow Biddle, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Joe EDWARDS and John R. Branning, individually and in their official capacities, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B.

May 27, 1982.

Attorney(s) appearing for the Case

Carol Atha Cosgrove, Asst. Atty. Gen., Atlanta, Ga., for defendants-appellants.

Robert B. Remar, Phyllis J. Holmen, Douglasville, Ga., Howard Sokol, Milledgeville, Ga., Kay Giese, Dalton, Ga., for plaintiffs-appellees.

Before TUTTLE, RONEY and ANDERSON, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

This is a class action brought pursuant to 42 U.S.C.A. § 1983 (West 1981) to challenge the Georgia procedures governing the involuntary commitment and release of persons who have been acquitted of criminal charges by reason of insanity (insanity acquittees). The plaintiffs' class was certified as consisting of "all persons who are, or will be, confined in mental hospitals pursuant to Ga.Code § 27-1503 (Ga.Laws 1977...

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