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UNITED STATES EX REL. von WOLFERSDORF v. JOHNSTON

No. 70 Civ. 3285.

317 F.Supp. 66 (1970)

UNITED STATES of America ex rel. Alfred Curt von WOLFERSDORF, Relator, v. W. C. JOHNSTON, M.D., individually and as Director of Matteawan State Hospital, Respondent.

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

August 31, 1970.

Attorney(s) appearing for the Case

Bruce J. Ennis, N. Y. Civil Liberties Union, New York City, for relator.

Louis J. Lefkowitz, Atty. Gen. of New York, New York City, for respondent, Stephen P. Seligman, Asst. Atty. Gen., of counsel.

OPINION

FRANKEL, District Judge.

The 86-year-old relator, determined by the State almost 20 years ago to be "insane" and unable to stand trial on an indictment returned in February of 1951, is confined in Matteawan State Hospital, where the "criminally insane," see Baxstrom v. Herold, 383 U.S. 107, 111, 86 S.Ct. 760, 15 L.Ed.2d 620 (1966), and other "dangerous" persons are held. The State Department of Mental Hygiene has found...

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