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BAUGH v. WOODARD

No. 85-6388.

808 F.2d 333 (1987)

Paul Mack BAUGH, individually and on behalf of all others similarly situated, Appellee, v. James WOODARD, Secretary of North Carolina Department of Corrections; Amos Reed, Former Secretary of North Carolina Department of Corrections; Ralph Edwards, Director of North Carolina Department of Corrections; Richard Kiel, Chief of Medical Services DOC; Charles Smith, M.D.; Sam Garrison, Warden; Frank L. Mahan, Superintendent of Wayne County Unit, individually and in their official capacities, Appellants, and Billy Royal, M.D.; Richard Jeffries, Nurse; James Dupree, Nurses' Aide; Sarah T. Morrow, Secretary of North Carolina Department of Human Resources; R.J. Blackley, Acting Director of N.C. Div. of Mental Health, Retardation, etc.; Bruce E. Whitaker, Chairman North Carolina Committee for Mental Health and Retardation, individually and in their official capacities, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 8, 1987.

Attorney(s) appearing for the Case

James Peeler Smith, Asst. Atty. Gen. (Lacy H. Thornburg, Atty. Gen., Raleigh, N.C., on brief), for appellants.

Christine O'Connor Heinberg, Carolina Legal Assistance (Deborah Greenblatt, Carolina Legal Assistance, Richard Giroux, North Carolina Prisoner Legal Services and Gregory Malhoit, East Cent. Community Legal Services, Raleigh, N.C., on brief), for appellee.

Before RUSSELL, WIDENER and CHAPMAN, Circuit Judges.

WIDENER, Circuit Judge:

This appeal arises from a class action brought in the United States District Court for the Eastern District of North Carolina by all persons who have been or will be incarcerated by the North Carolina Department of Correction (DOC) and who have been or will be involuntarily subjected to inpatient treatment at a DOC inpatient mental health facility. Plaintiffs claimed that the procedures followed by the DOC in transferring inmates to inpatient...

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