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WINTERS v. TRAVIA

No. 883, Docket 74-1163.

495 F.2d 839 (1974)

Miriam WINTERS, on behalf of herself and all other persons similarly situated, Petitioner, v. Hon. Anthony J. TRAVIA, United States District Judge, Respondent. Miriam WINTERS, on behalf of herself and all other persons similarly situated, Petitioner, v. Alan D. MILLER, M. D., Individually and as Commissioner of Mental Hygiene of the State of New York, et al., Respondents.

United States Court of Appeals, Second Circuit.

Decided April 1, 1974.

Attorney(s) appearing for the Case

Jonathan A. Weiss, New York City (Bruce J. Ennis, New York Civil Liberties Union, New York City, on the brief), for petitioner.

Joel H. Sachs, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, of counsel), for respondents Miller and O'Neill.

Before ANDERSON, MANSFIELD and OAKES, Circuit Judges.

PER CURIAM:

This petition for a writ of mandamus or prohibition, 28 U.S.C. § 1651(a), was brought by the plaintiff in a civil rights action to recover damages allegedly sustained as a result of forced medication administered her in 1968 in violation of her first amendment right to freedom of religion.1 The trial court, in an oral ruling from the bench on January 11, 1974, later confirmed in an order signed January 22, 1974, ordered...

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