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LUCAS v. PETERS

No. 1-99-3938.

741 N.E.2d 313 (2000)

318 Ill. App.3d 1

251 Ill.Dec. 719

Timothy LUCAS and Melvin Dawson, Plaintiffs-Appellants, v. Howard A. PETERS III, Secretary of the Department of Human Services, and Nancy Staples, Facility Director of the Elgin Mental Health Center, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

December 4, 2000.

Attorney(s) appearing for the Case

Mark J. Heyrman, Jamie Tanaka Weyeneth (Senior Law Student), Edwin F. Mandell Legal Aid Clinic, Chicago, for Appellants.

James Ryan, Joel D. Bertocchi, G. Christopher Slick, Office of the Attorney General, Chicago, for Appellees.

Justice COHEN delivered the opinion of the court:

On April 3, 1995, plaintiff Timothy Lucas was found not guilty by reason of insanity (NGRI). Pursuant to the provisions of the Unified Code of Corrections (730 ILCS 5/1-1-1 et seq. (West 1998)) (Code of Corrections) and the Mental Health and Developmental Disabilities Code (405 ILCS 5/1-100 et seq. (West 1998)) (Mental Health Code), he was committed to the custody of the Department of Mental Health and...

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