HOPPER v. CALLAHAN


408 Mass. 621 (1990)

562 N.E.2d 621

ARTHUR HOPPER, administrator, & another, vs. JAMES J. CALLAHAN, JR., & others.

Supreme Judicial Court of Massachusetts, Suffolk.

November 20, 1990.


Attorney(s) appearing for the Case

Paul A. Good, Special Assistant Attorney General, for William Gibson.

Vincent L. DiCianni, Special Assistant Attorney General, for George O. Papanek.

James H. Anderson for Joseph Parks.

Joan Eldridge for Saeid Elmi.

Richard W. Cole for the plaintiffs.

Francis G. Chase, Special Assistant Attorney General, for James J. Callahan, Jr., was present but did not argue.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, & GREANEY, JJ.


WILKINS, J.

On December 1, 1984, while held in seclusion at the Solomon Carter Fuller Mental Health Center (Fuller), Nancy E. Hopper (Hopper) died of a ruptured fallopian tube due to an ectopic pregnancy. On the previous day, Hopper had been involuntarily admitted to Fuller, a mental health facility operated by the Department of Mental Health.

The plaintiffs, claiming the denial of substantive due process rights, assert violations of 42 U.S.C. § 1983...

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