CHARLES v. MAUL

Docket No. 98-9290

214 F.3d 350 (2000)

CHARLES W., Anthony L., George K., on behalf of themselves and other similarly situated individuals, and Mental Disability Law Clinic, Touro Law Center, Plaintiffs, Roy McGhie, Plaintiff-Appellee, v. Thomas MAUL, in his official capacity of Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities, Rosalyn Richter, in her official capacity of New York City Criminal Court Judge, on behalf of herself and all other local criminal court judges in New York State, Robert M. Morganthau, in his official capacity as District Attorney of New York County, William Grady, in his official capacity of District Attorney of Dutchess County, James L. Stone, in his official capacity of Commissioner of the New York State Office of Mental Health, Charles Hynes, in his official capacity of District Attorney of Kings County, on behalf of himself and all other district attorneys in New York State, Defendants, Joel Dvoskin, Ph.D., personally, and in his official capacity of Acting Commissioner of the New York State Office of Mental Health, Lucy Rae Sarkis, personally, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 5, 2000


Attorney(s) appearing for the Case

Lyssa M. Sampson, Assistant Attorney General, New York, New York (Dennis C. Vacco, Attorney General, John W. McConnell, Deputy Solicitor General, Robert A. Forte, Assistant Attorney General for the State of New York, New York, New York, of counsel), for Defendants-Appellants.

William M. Brooks, Mental Disability Law Clinic, Touro College, Huntington, New York, for Plaintiff-Appellee.

Before: CARDAMONE, JACOBS, Circuit Judges, and McMAHON, District Judge.


CARDAMONE, Circuit Judge:

Plaintiff Roy McGhie, having been found incompetent to stand trial on a misdemeanor charge, was remanded to a New York state psychiatric center for a brief period, to evaluate whether he presented a danger to himself or others warranting invocation of New York's civil commitment law. His confinement there prompted his suit under 42 U.S.C. § 1983 in which he claims defendants Joel Dvoskin and Lucy Rae Sarkis, as state mental health officials...

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