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CARTER v. STATE, DEPT. OF HEALTH & WELFARE

No. 13995.

652 P.2d 649 (1982)

103 Idaho 701

David A. CARTER and William D. Josman, individually and on behalf of those similarly situated, Plaintiff-Appellants, v. STATE of Idaho, DEPARTMENT OF HEALTH & WELFARE; Milton G. Klein, individually and in his official capacity as Director of the Idaho State Department of Health & Welfare; David L. Humphrey, Dr. Robert Glover, George W. Bachik and Dr. Carroll M. Elmore, individually and in their official capacities as employees and agents of the Idaho State Department of Health & Welfare, their successors in offices, titles and interests, Defendant-Respondents.

Supreme Court of Idaho.

Rehearing Denied October 29, 1982.

Attorney(s) appearing for the Case

L. Charles Johnson, III, of Idaho Legal Aid Services, Inc., Idaho Falls, for plaintiffs-appellants.

David H. Leroy, Atty. Gen., Lynn E. Thomas, Sol. Gen., James F. Wickham, Deputy Atty. Gen., Boise, for defendants-respondents.

PER CURIAM:

Appellants brought a declaratory judgment action attacking their commitment to State Hospital South pursuant to the automatic commitment provisions of I.C. § 18-214. The district court dismissed the action and we affirm.

The district court dismissed the declaratory judgment action on the basis that other adequate remedies were available, i.e., appeal of the original commitment and habeas corpus proceedings. I.R.C.P. 57 does,...

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