CHILDREE v. HEALTH CARE AUTHORITY OF CITY OF HUNTSVILLE

87-822, 87-828.

548 So.2d 419 (1989)

Robert CHILDREE, in his capacity as Comptroller of the State of Alabama v. HEALTH CARE AUTHORITY OF the CITY OF HUNTSVILLE, d/b/a Huntsville Hospital. ALABAMA DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION v. HEALTH CARE AUTHORITY OF the CITY OF HUNTSVILLE, d/b/a Huntsville Hospital.

Supreme Court of Alabama.

Rehearing Denied July 28, 1989.

Opinion Dissenting from Denial of Rehearing July 28, 1989.


Attorney(s) appearing for the Case

Fournier J. Gale III, and Maibeth J. Porter of Maynard, Cooper, Frierson & Gale, Birmingham, for appellant Robert Childree.

G.R. Trawick and E.J. McArthur, Montgomery, for appellant James William McFarland, Commissioner for the Alabama Dept. of Mental Health and Mental Retardation.

James P. Smith and Raymond D. Waldrop, Jr. of Smith and Waldrop, Julian D. Butler of Sirote, Permutt, McDermott, Slepian, Friend, Friedman, Held & Apolinsky, Huntsville, for appellees Madison County, Ala., and Frank Riddick, Probate Judge of Madison County, Alabama.

James W. Webb and William B. Alverson, Jr. of Webb, Crumpton, McGregor, Sasser, Davis & Alley, Montgomery, for amicus curiae The Ass'n of County Commissions of Alabama.


PER CURIAM.

The State comptroller and the State Department of Mental Health appeal the judgment of the Madison County Circuit Court holding the State and the Department financially responsible for the care of indigent citizens of Madison County who are subject to involuntary commitment proceedings. We reverse.

In early 1982, Madison County began placing indigents in Huntsville Hospital for treatment and custodial care. Between February 1982 and August 1984...

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