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WYATT v. ADERHOLT

Civ. A. No. 3195-N (B).

368 F.Supp. 1382 (1973)

Ricky WYATT, By and Through his aunt and legal guardian Mrs. W. C. Rawlins, Jr., et al., Plaintiffs, v. Charles ADERHOLT, as Commissioner of Mental Health and The State of Alabama Mental Health Officer, et al., Defendants, United States of America et al., Amici Curiae.

United States District Court, M. D. Alabama, N. D.

December 20, 1973.

Attorney(s) appearing for the Case

George W. Dean, Jr., Destin, Fla., Jack Drake, Drake, Knowles & Still, Tuscaloosa, Ala., for plaintiffs.

William J. Baxley, Atty. Gen., State of Alabama, Robert L. Humphries, Asst. Atty. Gen., State of Alabama, Montgomery, Ala., for defendants.

Ira DeMent, U. S. Atty., Middle District of Alabama, Kenneth E. Vines, Asst. U. S. Atty., Middle District of Alabama, Montgomery, Ala., Michael S. Lottman, and Diane S. Dorfman, Civil Rights Div., U. S. Dept. of Justice, Washington, D. C., for amicus the United States.

Charles R. Halpern, Washington, D. C., Paul Friedman, and Bruce J. Ennis (Mental Health Law Project), New York City, James F. Fitzpatrick and Jeffrey D. Bauman, Arnold & Porter, Washington, D. C., for amici American Orthopsychiatric Assn., American Psychological Assn., and American Civil Liberties Union.

Before RIVES, Circuit Judge, JOHNSON, Chief District Judge, and VARNER, District Judge.

OPINION AND ORDER

PER CURIAM.

The plaintiffs filed on July 25, 1973 a document styled "Amended Complaint or Alternatively Motion for Further Relief," in which they prayed for an injunction enjoining the enforcement of the following statute of the State of Alabama:

"§ 243. Treatment of inmates prescribed by assistant. — The assistant with the advice and consent of the superintendent shall prescribe for the treatment of the inmates...

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