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BERNSTEIN v. PATAKI

No. 05 Civ. 1322(GEL).

409 F.Supp.2d 306 (2005)

Marvin BERNSTEIN, Director, Mental Hygiene Legal Service, First Judicial Department, and Michael B., Eugene C., and Eddie L., patients at Kirby Forensic Psychiatric Facility, on behalf of themselves and on behalf of all others similarly situated, Plaintiffs, v. George E. PATAKI, in his official capacity as Governor of the State of New York, Sharon Carpinello, in her official capacity as Commissioner of the New York State Office of Mental Health, and Eileen Consilvio, in her official capacity as Director of Kirby Forensic Psychiatric Facility, Defendants.

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

December 13, 2005.

Attorney(s) appearing for the Case

Marvin Bernstein, Director, Mental Hygiene Legal Service, First Department, New York, New York (Stephen J. Harkavy and Sadie Zea Ishee, of counsel), for Plaintiffs.

Eliot Spitzer, Attorney General for the State of New York, New York, New York (Edward J. Curtis and Jamila Berridge, Assistant Attorneys General), for Defendants.

OPINION AND ORDER

LYNCH, District Judge.

Plaintiffs Michael B., Eugene C., and Eddie L. are involuntarily-committed psychiatric patients who, at the time the Complaint was filed, resided at Kirby Forensic Psychiatric Facility ("Kirby"), a maximum-security psychiatric facility operated by the New York State Office of Mental Health ("OMH"). In this putative class action, plaintiffs, who were committed after being found incompetent to stand trial, claim that...

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