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ENBERG v. BONDE

No. CX-81-789.

331 N.W.2d 731 (1983)

Lanny ENBERG, Appellant, v. John R. BONDE, etc., et al., Respondents.

Supreme Court of Minnesota.

March 18, 1983.

Attorney(s) appearing for the Case

Linda Ojala, MCLU, Gray, Plant, Mooty, Mooty & Bennett and Susan L. Lentz, Minneapolis, for appellant.

Hubert H. Humphrey III, Atty. Gen., and Paul G. Zerby, Asst. Atty. Gen., Minneapolis, for respondents.

Robert M. Levy, New York City, Lisbeth Nudell, St. Paul, for Mental Health Ass'n of Minnesota and American Orthopsychiatric Ass'n.

Onek, Klein & Farr, Joel I. Klein and JoAnn E. MacBeth, Washington, D.C., for The Minnesota Psychiatric Society.

YETKA, Justice.

Plaintiff Lanny Enberg sought damages and injunctive and declaratory relief as a result of his involuntary detention at Brainerd State Hospital under Minn.Stat. § 253A.04, subd. 1 (1980).1 The trial court denied that relief. Plaintiff appeals, claiming the statute is unconstitutional in that it does not require evidence of an overt act, attempt or threat of harm to self or others prior to emergency hospitalization...

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