DOE v. SHIBINETTE

No. 21-1058.

16 F.4th 894 (2021)

John DOE; Charles Coe; Jane Roe; Deborah A. Taylor, as guardian for Scott Stephen Johnstone, on behalf of themselves and all others similarly situated, Plaintiffs, Appellees, New Hampshire Hospital Association; Alice Peck Day Memorial Hospital; Androscoggin Valley Hospital; Catholic Medical Center; Cheshire Medical Center; Cottage Hospital; Elliot Hospital; Frisbie Memorial Hospital; HCA Health Services of New Hampshire, (Parkland Medical Center and Portsmouth Regional Hospital); Huggins Hospital; Littleton Hospital Association, (Littleton Regional Hospital); LRGHealthcare, (Franklin Regional Hospital and Lakes Region General Hospital); Mary Hitchcock Memorial Hospital; Monadnock Community Hospital; New London Hospital; Speare Memorial Hospital; Upper Connecticut Valley Hospital; Valley Regional Hospital; Weeks Medical Center, Intervenor-Plaintiffs, Appellees, v. Lori SHIBINETTE, in her official capacity as Commissioner of the N.H. Department of Health and Human Services, Defendant, Appellant, Southern New Hampshire Medical Center; Concord Hospital; St. Joseph's Hospital, Nashua; Memorial Hospital, North Conway, Defendants/Intervenor-Plaintiffs, Appellees, New Hampshire Circuit Court District Division, Defendant, Honorable David D. King, Third-Party Defendant.

United States Court of Appeals, First Circuit.

October 26, 2021.


Attorney(s) appearing for the Case

Samuel R.V. Garland , Assistant Attorney General, with whom Anthony J. Galdieri , Senior Assistant Attorney General, and Daniel E. Will , Solicitor General, were on brief, for appellant Lori Shibinette.

Aaron J. Curtis , with whom Gilles Bissonette , Henry Klementowicz , American Civil Liberties Union of New Hampshire, Theodore E. Tsekerides , Colin McGrath , and Weil, Gotshal & Manges LLP were on brief, for class appellees.

Michael D. Ramsdell , with whom James P. Harris and Sheehan Phinney Bass & Green, P.A. were on brief, for hospital appellees.

Before LYNCH, SELYA, and BARRON, Circuit Judges.


This case comes to us on an interlocutory appeal by the Commissioner of the New Hampshire Department of Health and Human Services (the "Commissioner"). It concerns the extent of the state's legal obligations to people who are deemed to need emergency mental health treatment. The plaintiffs are a class of individuals who claim...

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