GREEN v. COM'N OF DEPT. OF MENTAL HEALTH


776 A.2d 612 (2001)

2001 ME 86

Virginia GREEN v. COMMISSIONER OF THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES.

Supreme Judicial Court of Maine.

Decided June 6, 2001.


Attorney(s) appearing for the Case

Patricia Ender, Esq., (orally), Jack Comart, Esq., Pine Tree Legal Assistance, Inc., Augusta, for plaintiff.

G. Steven Rowe, Attorney General, Katherine Greason, Asst. Attorney General (orally), Augusta, for defendant.

Panel: WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, SAUFLEY, and ALEXANDER, JJ.


CLIFFORD, J.

[¶ 1] Virginia Green appeals from a judgment entered in the Superior Court (Kennebec County, Marden, J.) affirming the decision of the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services that Green could be awakened at 8:00 A.M. without her informed consent. Green contends that waking her constitutes "treatment" or "services" that requires her informed consent, and that the Commissioner's decision...

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