JARVIS v. LEVINE

No. C2-86-1633.

403 N.W.2d 298 (1987)

Homer JARVIS, individually and on behalf of all others similarly situated, Appellants, v. Leonard W. LEVINE, in his official capacity as Commissioner of Human Services, et al., Respondents.

Court of Appeals of Minnesota.

Review Granted July 2, 1987.


Attorney(s) appearing for the Case

Charles H. Thomas, Eugenia L. Hedlund, Mankato, Mark A. Bohnhorst, Michael W. Hagedorn, St. Paul, for appellants.

Hubert H. Humphrey III, Atty. Gen., Mary L. Stanislav, Kathy Meade Hebert, Sp. Asst. Attys. Gen., St. Paul, for respondents.

Heard, considered and decided by POPOVICH, C.J., and FOLEY and NIERENGARTEN, JJ.


OPINION

FOLEY, Judge.

This case involves the qualified right of a state hospital patient, involuntarily committed as mentally ill and dangerous, to refuse neuroleptic medication in nonemergency circumstances and the correlative duties of state officials prior to forced administration of such medication. Appellant Homer Jarvis commenced this action for damages pursuant to 42 U.S.C. § 1983 and for declaratory and injunctive relief on behalf of himself...

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