ETORIA v. BENNETT

Nos. 01-CV-07421JBW, 03-MISC-0066JBW.

292 F.Supp.2d 456 (2003)

Orville ETORIA, Petitioner, v. Floyd G. BENNETT, Superintendent of Elmira Correctional Facility, Respondent.

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

November 20, 2003.


Attorney(s) appearing for the Case

Orville Etoria, Wallkill, NY, Ursula Bentele, Brooklyn, NY, Pro Se Petitioner.

Shulamit Rosenblum, District Attorney of Kings County, Brooklyn, NY, for Respondent.


MEMORANDUM, JUDGMENT & ORDER

WEINSTEIN, Senior District Judge.

This case reflects, as do so many others, the psychological and psychiatric problems of those caught in the criminal justice system. Were those prisoners whose mental functioning rises just above the minimum level of competence immune to prosecution, many now in prison would need to be released. See Part VII.B. The problem of mentally ill defendants and prisoners is a pervasive one...

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