CURNOW v. YARBROUGH

No. 82SA203.

676 P.2d 1177 (1984)

In the Matter of Ken CURNOW, Petitioner-Appellant, v. Ron YARBROUGH, Administrator, Windsor Health Care Center, Defendant-Appellee, Theron G. Sills, M.D., and Yale L. Klugman, M.D., Defendants, State of Colorado, Department of Institutions, Intervenor-Appellee.

Supreme Court of Colorado, En Banc.

February 21, 1984.


Attorney(s) appearing for the Case

Edward M. Caswall, Caswall & Pic, Greeley, for petitioner-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Margery T. Bornstein, Asst. Atty. Gen., Human Resources, Denver, for intervenor-appellee State of Colo.

Lee D. Morrison, Asst. Weld County Atty., Greeley, for defendant-appellee Yarbrough.


DUBOFSKY, Justice.

Petitioner Ken Curnow appeals a decision of the Weld County District Court dismissing his petition for habeas corpus and denying his request for declaratory relief. The district court concluded that the lack of a state-initiated probable cause hearing prior to involuntary short-term mental health commitment does not violate due process and equal protection under the United States Constitution. We agree with the district court that section 27-10...

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