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SUSAN B. v. PLANAVSKY

No. 8210SC5.

298 S.E.2d 397 (1982)

SUSAN B. by her Guardian ad Litem and Lisa S. by her Guardian ad Litem on behalf of themselves and all others similarly situated v. George PLANAVSKY, M.D., individually and in his official capacity; Virginia Ritchie, R.N., individually and in her official capacity; Claire Oppenheim, R.N., individually and in her official capacity; T.M. Haizlip, M.D., individually and in his official capacity; Jettie Knickerbocker, individually and in her official capacity; Cynthia Sauber, individually and in her official capacity; and A.G. Tolley, M.D., individually and in his official capacity.

Court of Appeals of North Carolina.

December 21, 1982.

Attorney(s) appearing for the Case

Carolina Legal Assistance for the Mentally Handicapped, Inc. by Christine Heinberg and Deborah Greenblatt, and Smith, Patterson, Follin, Curtis, James & Harkavy by Melinda Lawrence, Raleigh, for plaintiffs.

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. William F. O'Connell and Asst. Atty. Gen. Reginald L. Watkins, Raleigh, for all defendants.

Young, Moore, Henderson & Alvis, P.A. by Joseph C. Moore, III, Raleigh, for defendant George Planavsky, M.D.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by John H. Anderson, Raleigh, for defendants A.G. Tolley, M.D. and T.M. Haizlip, M.D.

WELLS, Judge.

I

Plaintiffs' claims for relief under 42 U.S.C. §§ 1983 and 1985.

The forecast of evidence in this case does not show that defendants, or any of them, denied plaintiffs their rights to the advice of counsel, but rather shows that plaintiffs sought and obtained the advice and assistance of counsel during plaintiffs' period of committment to Dix Hospital. While the forecast of evidence does regretably show that defendants...

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