RENNIE v. KLEIN

Nos. 79-2576, 79-2577.

720 F.2d 266 (1983)

John E. RENNIE v. Ann KLEIN, Commissioner of Human Services; Michail Rotov, Director, Division of Mental Health and Executive Officer of Ancora Psychiatric Hospital; Max Pepernick, Acting Medical Director of Ancora Psychiatric Hospital; Edward Wallace, Assistant Administrator of Ancora Psychiatric Hospital; Josefina Bugaoan, Assistant Medical Director of Ancora Psychiatric Hospital. Appeal of John E. RENNIE, Plaintiff, on behalf of himself and all others similarly situated, and Caroline Mauger, Eugenio Burgeos, Leon Rossi, Hazel Moncrief, Ernie Welker, Mary Jane Weiss, Margaret Mary McGrath, Joseph Kamienski, Intervenors, on behalf of themselves and all others similarly situated. John E. RENNIE v. Ann KLEIN, Commissioner of Human Services: Michail Rotov, Director, Division of Mental Health and Executive Officer of Ancora Psychiatric Hospital; Max Pepernick, Acting Medical Director of Ancora Psychiatric Hospital; Edward Wallace, Assistant Administrator of Ancora Psychiatric Hospital; Josefina Bugaoan, Assistant Medical Director of Ancora Psychiatric Hospital. Appeal of Ann KLEIN and Michail Rotov.

United States Court of Appeals, Third Circuit.

Decided October 13, 1983.


Attorney(s) appearing for the Case

John J. Degnan, Atty. Gen. of N.J., Stephen Skillman, Asst. Atty. Gen., Steven Wallach, Deputy Atty. Gen., Trenton, N.J., for appellees in 77-2576, cross-appellants in 79-2577.

Robert Plotkin, Mental Health Law Project, Washington, D.C., for amici curiae, Joseph H. Rodriguez, Public Advocate, Michael L. Perlin, Sp. Counsel to the Public Advocate, Laura M. LeWinn, Acting Director, Div. of Mental Health Advocacy.

Stanley C. Van Ness, Sheldon Gelman, Dept. of Public Advocate, Trenton, N.J., for appellants in 79-2576, cross-appellees in 79-2577.

Christopher A. Hansen, Robert M. Levy, Mental Patients' Rights Project, New York Civil Liberties Union, New York City, for amici curiae.

Joel I. Klein, Ellen S. Silberman, Susan L. Carney, Rogovin, Stern & Huge, Washington, D.C., for amici curiae, American Psychiatric Ass'n.

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM, SLOVITER, BECKER, Circuit Judges.


OPINION ANNOUNCING THE JUDGMENT OF THE COURT

GARTH, Circuit Judge, with whom ALDISERT and JAMES HUNTER, III, Circuit Judges, join:

John Rennie, the plaintiff in this matter, has been a patient at the Ancora Psychiatric Hospital, a state institution in New Jersey, on numerous occasions since 1973. It was during his twelfth hospitalization, after an involuntary commitment proceeding, that Rennie instituted the suit which gave rise to these proceedings.

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