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GOETZ v. CROSSON

No. 88 Civ. 9134 (GLG).

838 F.Supp. 136 (1993)

Lyle R. GOETZ, individually, and on behalf of all others similarly situated, Plaintiff, Mark Cans and Anna Selletti, individually, and on behalf of all others similarly situated, Intervenors, v. The Honorable Matthew CROSSON, in his official capacity of chief administrator of the courts of New York, and Dr. Richard C. Surles, in his official capacity of Commissioner of the New York State Office of Mental Health, Defendants,

United States District Court, S.D. New York.

November 23, 1993.

Attorney(s) appearing for the Case

Mental Disability Law Clinic, Touro College, and Jacob D. Fuchsberg Law Center, Huntington, NY, for plaintiff, intervenors, and class members (William M. Brooks, of counsel).

Robert Abrams, Atty. Gen. of the State of N.Y., New York City, for defendants (Barbara K. Hathaway, of counsel).

OPINION

GOETTEL, District Judge:

This case began with the allegation by plaintiffs that, inter alia, the Fourteenth Amendment's due process clause required the State of New York to provide a psychiatrist to indigent individuals subject to involuntary commitment or retention proceedings to testify on their behalf. This court held that the due process clause does not confer an absolute right to such assistance. Goetz v. Crosson,

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