STUEBIG BY HECKMANN v. HAMMEL

No. 82-3546.

714 F.2d 292 (1983)

Laurence STUEBIG, a/k/a Lawrence Stuebig, by his Guardian, Maria Carole HECKMANN, Appellant, v. Robert J. HAMMEL, Acting Administrator of Farview State Hospital for the Criminally Insane; Bernard J. Willis, M.D., Acting Superintendent and Clinical Director of Farview State Hospital for the Criminally Insane; John P. Shovlin, M.D.; John M. Fitzgerald, Director of Social Services, Farview State Hospital for the Criminally Insane; Francis Truman, Captain of the Guards, Farview State Hospital for the Criminally Insane; Charles A. Zeller, M.D., Former Superintendent of Farview State Hospital for the Criminally Insane; H. Propst, M.D.; Vincent P. Covoleskie, D.S.C., Farview State Hospital for the Criminally Insane; G.J. Salko, M.D.; William H. Horan, M.D., Farview State Hospital for the Criminally Insane; P. Powell, M.D., Farview State Hospital for the Criminally Insane; Herbert L. Ownes, M.D., Farview State Hospital for the Criminally Insane; Dr. Ferraro, Farview State Hospital for the Criminally Insane, and J. Paul Hurst, M.D., Farview State Hospital for the Criminally Insane.

United States Court of Appeals, Third Circuit.

Decided August 18, 1983.


Attorney(s) appearing for the Case

James E. Beasley (argued), William P. Murphy, Beasley, Hewson, Casey, Colleran, Erbstein & Thistle, Philadelphia, Pa., for appellant.

LeRoy S. Zimmerman, Atty. Gen., Allen C. Warshaw (argued), Deputy Atty. Gen., Chief, Sp. Litigation Section, Andrew S. Gordon, Deputy Atty. Gen., Harrisburg, Pa., for appellees.

Before ADAMS and HIGGINBOTHAM, Circuit Judges, and TEITELBAUM, District Judge.


OPINION OF THE COURT

PER CURIAM.

In 1941, Laurence Stuebig was charged with burglary with the intent to steal several boxes of candy from a railroad car. The Quarter Sessions Court of Philadelphia County found Stuebig not guilty by reason of insanity and ordered that he be detained and treated at Farview State Hospital for the Criminally Insane. Although Stuebig spent thirty-five years at Farview, his status as a mental incompetent was never reviewed and...

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