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PROJECT RELEASE v. PREVOST

No. 1310, Docket 82-7943.

722 F.2d 960 (1983)

PROJECT RELEASE, Carrie Greene, et al., Plaintiffs-Appellants, v. James PREVOST, individually and as Commissioner of the New York State Department of Mental Hygiene and Office of Mental Health; Ronald Gottlieb, individually and as Director of the Mental Health Information Service for the First Judicial Department; Alfred Besunder, individually and as Director of the Mental Health Information Service of the Second Judicial Department; James Donnelly, individually and as Director of the Mental Health Information Service for the Third Judicial Department; Kevin Kearney, individually and as Director of the Mental Health Information Service for the Fourth Judicial Department; Nicholas Dubner, individually and as Acting Director of Creedmoor Psychiatric Center, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 24, 1983.

Attorney(s) appearing for the Case

Robert M. Levy, New York City (New York Civil Liberties Union, Diana T. Tanaka, Christopher A. Hansen, New York City, of counsel), for plaintiffs-appellants.

Caren S. Brutten, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., of N.Y., Melvyn R. Leventhal, John P. Petrila, Seth Abrams, New York State Office of Mental Health, New York City, of counsel) for defendants-appellees.

Joel I. Klein, H. Bartow Farr, III, Stephen I. Glover, Onek, Klein & Farr, Washington, D.C. for The American Psychiatric Ass'n, as amicus curiae.

Before OAKES, CARDAMONE and PIERCE, Circuit Judges.

PIERCE, Circuit Judge:

This appeal requires us to determine whether standards and procedures for voluntary, involuntary and emergency civil commitment embodied in the New York State Mental Hygiene Law (M.H.L.) sections 9.13, 9.27, 9.37 and 9.39 (McKinney 1978),1 meet federal constitutional due process minima. Appellants appeal from a ruling of the United States District Court for the Eastern District...

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