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BELL v. WAYNE COUNTY GENERAL HOSPITAL AT ELOISE

Civil Action No. 36384.

384 F.Supp. 1085 (1974)

Annette BELL, By her next friend, Dianne Rubin, Individually and on behalf of all persons alleged to be mentally ill who are similarly situated, Plaintiffs, v. WAYNE COUNTY GENERAL HOSPITAL AT ELOISE et al., Defendants. Gloria A. DALIMONTE, Individually and on behalf of all persons similarly situated who are or who are about to be involuntarily committed or detained in state public institutions through civil commitments as persons alleged to be mentally ill without findings that they are dangerous to themselves or others, Plaintiff, v. The PROBATE COURT FOR the COUNTY OF CHIPPEWA et al., Defendants.

United States District Court, E. D. Michigan, S. D.

May 31, 1974.

Attorney(s) appearing for the Case

Alan W. Houseman, Gabe Kaimowitz, Michigan Legal Services, Detroit, Mich., for plaintiff Bell.

William S. Easton, Upper Peninsula Legal Services, Marquette, Mich., for plaintiff Dalimonte.

Milton I. Firestone, Asst. Atty. Gen., Lansing, Mich., for defendant Attorney Gen., State of Michigan.

George H. Cross, Corp. Counsel, Detroit, Mich., for defendant Wayne County.

William H. Dance, Detroit, Mich., for Mich. Psychiatric Society (Intervening).

John C. Frakes, Jr., Matheny, Schureman, Frakes & Glass, Detroit, Mich., for doctors in Bell case (defendants.)

Before McCREE, Circuit Judge, FOX, Chief District Judge, and FEIKENS, District Judge.

OPINION

FOX, Chief District Judge.

The plaintiffs in these consolidated actions seek summary judgment declaring unconstitutional and enjoining the operation of M.C.L.A. §§ 330.21 and 330.54 (M.S.A. §§ 14.811 and 14.844),1 provisions which set forth the standards and procedures for the adjudication, involuntary civil commitment and treatment of persons alleged to be mentally ill.

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