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HARRIS v. BALLONE

No. 81-6863.

681 F.2d 225 (1982)

Melvin R. HARRIS; Roy R. Miller, Appellants, v. Dr. Gerald J. BALLONE, Director of Central State Hospital; and Leo Kirven, Jr., Commissioner, Virginia Department of Mental Health and Mental Retardation, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 10, 1982.

Rehearing Denied July 26, 1982.

Attorney(s) appearing for the Case

Leonard S. Rubenstein, Alexandria, Va. (Janis L. McDonald, Hirschkop & Grad, P. C., Alexandria, Va., Margaret Ferguson, Petersburg Legal Aid Society, Petersburg, Va., on brief), for appellants.

Patrick A. O'Hare, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen., of Virginia, Richmond, Va., on brief), for appellees.

Before WINTER, Chief Judge, and ERVIN and CHAPMAN, Circuit Judges.

WINTER, Chief Judge:

When criminal defendants in Virginia are acquitted by reason of insanity, they are subject to commitment in a mental hospital. In this case plaintiff contends that Virginia's scheme for the commitment of insanity acquittees is unconstitutional in a number of respects. The district court entered judgment against the plaintiff on his individual claims, declined to certify the suit as a class action, and dismissed the amended complaint. With regard...

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