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DISABILITY RIGHTS NEW JERSEY v. COMMISSIONER, N.J.

Nos. 13-4255, 13-4405.

796 F.3d 293 (2015)

DISABILITY RIGHTS NEW JERSEY, INC., A New Jersey Nonprofit Corporation v. COMMISSIONER, NEW JERSEY DEPARTMENT OF HUMAN SERVICES; Commissioner, New Jersey Department of Health and Senior Services; State of New Jersey.

United States Court of Appeals, Third Circuit.

Filed: August 4, 2015.

Attorney(s) appearing for the Case

Nathan S. Mammen (Argued), John C. O'Quinn , Kirkland & Ellis, Washington, DC, David E. Myre , Samara L. Penn , Kirkland & Ellis, New York, N.Y., William E. Dwyer , Disability Rights New Jersey, Trenton, NJ, Attorneys for Appellant/Cross-Appellee Disability Rights New Jersey, Inc.

Stuart M. Feinblatt (Argued), Gerard A. Hughes , Office of Attorney General of New Jersey, Trenton, NJ, Attorneys for Appellees/Cross-Appellants State of New Jersey et al.

Before: SMITH, HARDIMAN and BARRY, Circuit Judges.

OPINION OF THE COURT

These cross-appeals require us to decide whether mentally ill residents of New Jersey who have been committed to state custody are entitled to judicial process before they may be forcibly medicated in nonemergency situations. At issue is Administrative Bulletin 5:04B, a procedure regulating...

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