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MONSON v. HOSPITALIZATION COM'N FOR POLK COUNTY, IOWA

Civ. No. 8-2188-C-2.

338 F.Supp. 1315 (1972)

Darlene MONSON et al., Plaintiffs, v. HOSPITALIZATION COMMISSION FOR POLK COUNTY, IOWA, et al., Defendants.

United States District Court, S. D. Iowa, C. D.

February 7, 1972.

Attorney(s) appearing for the Case

Robert C. Oberbillig, Des Moines, Iowa, and Brian Michael Olmstead, Boston, Mass., for plaintiffs.

Philip F. Miller, Asst. Polk County Atty., Lorna Williams, Asst. Atty. Gen., D. J. Fairgrave, and W. C. Hoffmann, Des Moines, Iowa, for defendants.

Before LAY and STEPHENSON, Circuit Judges, and HANSON, Chief District Judge.

MEMORANDUM ORDER

STEPHENSON, Circuit Judge.

This suit, instituted May 7, 1968, is based on 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) and (4). It seeks to challenge the validity of certain provisions of the Iowa statutory scheme governing the hospitalization of mentally ill persons.

The plaintiff, Darlene Monson, sues for herself and for others similarly positioned. The complaint seeks (a) to have the challenged statutes declared void and...

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