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ST. EX REL. JONES v. GERHARDSTEIN

No. 85-1718.

135 Wis.2d 161 (1986)

400 N.W.2d 1

STATE of Wisconsin EX REL. Joyce JONES and David Galicia, M.D., individually and as representatives of the classes of persons similarly situated, Petitioners-Appellants, STATE of Wisconsin EX REL. STATE PUBLIC DEFENDER, Attempted Intervenor and Appellant, v. Richard GERHARDSTEIN, M.D., the Milwaukee County Combined Community Services Board, Donald Percy, and the Wisconsin Department of Health and Social Services, Respondents.

Court of Appeals of Wisconsin.

Decided October 28, 1986.

Attorney(s) appearing for the Case

For the petitioners-appellants and attempted intervenor and appellant, the cause was submitted on the briefs of Thomas K. Zander of the Legal Aid Society of Milwaukee, Inc.

For the respondents the cause was submitted on the briefs of Bronson C. La Follette, attorney general, F. Thomas Creeron, III, assistant attorney general, and Robert A. McKnight, principal assistant corporation counsel of Milwaukee.

Before Moser, P.J., Wedemeyer and Sullivan, JJ.

WEDEMEYER, J.

Joyce Jones and David Galicia (the petitioners) challenge the constitutionality of state statutes permitting the forcible administration of psychotropic drugs to individuals who have been involuntarily committed under the Mental Health Act, but who have not been adjudged incompetent. See secs. 51.20, 51.22, 51.59 and 51.65, Stats. They appeal from a judgment denying their motion for class certification and dismissing for mootness their petitions...

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