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JOHN M. v. STONE

No. 99 Civ. 2726 (WCC).

72 F.Supp.2d 316 (1999)

JOHN M., Petitioner, v. James STONE, Commissioner, New York State Office of Mental Health, and Richard Bennett, Executive Director, Mid-Hudson Forensic Psychiatric Center, Respondents.

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

October 25, 1999.

Attorney(s) appearing for the Case

Sidney Hirschfeld, Director, Mental Hygiene Legal Service, Second Judicial Department, Mineola, NY (Valdi Licul, Dennis B. Feld, of counsel), for Petitioner.

Eliot Spitzer, Attorney General of State of New York, New York City (Tanya M. Fairclough, Asst. Attorney General, of counsel), for Respondents.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Petitioner, a patient at the Mid-Hudson Forensic Psychiatric Center ("MHFPC"), commenced this federal habeas corpus proceeding to challenge the lawfulness of his retention at MHFPC. Petitioner claims that his continued psychiatric confinement violates the Due Process Clause of the Fourteenth Amendment because he is neither mentally ill nor dangerous.

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