A.E. v. MITCHELL

No. 81-2514.

724 F.2d 864 (1983)

A.E. and R.R., individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Anthony MITCHELL, individually and in his capacity as Executive Director of the Utah Department of Social Services, Wilfred Higashi, individually and in his capacity as Director of the Utah Division of Mental Health; Eugene Bliss and Elizabeth Hirsh, individually and in their capacities as staff psychiatrists of the University of Utah Medical Center; Norman Anderson, individually and in his capacity as Clinical Director of the Granite Mental Health Center; and Joy Ely, individually and in her capacity as staff psychiatrist of the Granite Mental Health Center, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 28, 1983.


Attorney(s) appearing for the Case

Bruce Plenk of Utah Legal Services, Inc., Salt Lake City, Utah, for plaintiffs-appellants.

Patricia J. Marlowe, Deputy County Atty., Salt Lake City, Utah (Ted Cannon, Salt Lake County Atty., Salt Lake City, Utah, with her on the brief), for Salt Lake County defendants-appellees.

William T. Evans, Asst. Atty. Gen., Salt Lake City, Utah (David L. Wilkinson, Atty. Gen., Sharon Peacock, Asst. Atty. Gen., Salt Lake City, Utah, with him on the brief), for State of Utah defendants-appellees.

Before HOLLOWAY and SEYMOUR, Circuit Judges, and BOHANON, District Judge.


SEYMOUR, Circuit Judge.

Plaintiffs were involuntarily hospitalized in mental health institutions in Utah, and subjected to medication against their will. Defendants are among those responsible, directly or indirectly, for the treatment programs at two of Utah's mental health facilities. On behalf of a class of similarly situated mental patients, plaintiffs sought to enjoin defendants from medicating them against their will absent a prior hearing to establish their...

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