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COM., DEPT. OF CORRECTIONS v. LINDSEY

No. 503 M.D. 2009

984 A.2d 573 (2009)

COMMONWEALTH of Pennsylvania, DEPARTMENT OF CORRECTIONS, Plaintiff v. Anthony LINDSEY, Defendant.

Commonwealth Court of Pennsylvania.

Decided October 6, 2009.

Publication Ordered December 1, 2009.

Attorney(s) appearing for the Case

Debra S. Rand, Asst. Counsel, Camp Hill, for plaintiff.

Anthony Lindsey, defendant, pro se.

OPINION BY Senior Judge QUIGLEY.

The Commonwealth of Pennsylvania, Department of Corrections (Department) has filed a motion for preliminary injunction, seeking an order authorizing the Department to involuntarily treat Anthony Lindsey's (Mr. Lindsey) medical conditions. The Department seeks the preliminary injunction only if this Court concludes that Mr. Lindsey's First Amendment right to refuse medical treatment does not outweigh the Department's responsibility...

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