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SUZUKI v. ALBA

Civ. No. 73-3854.

438 F.Supp. 1106 (1977)

Sharon SUZUKI, on behalf of herself and all other persons similarly situated, Plaintiffs, v. Rosita T. ALBA and Jane Doe, Plaintiffs-Intervenors, v. George YUEN, in his capacity as Director of Health, State of Hawaii, Walter Quisenberry, Individually, Francis Keala, Individually and in his capacity as Chief, Honolulu Police Department, and George Bolian, M.D., Director of Psychiatric Services, Queen's Medical Center, Defendants.

United States District Court, D. Hawaii.

As Amended November 29, 1977.

Attorney(s) appearing for the Case

Shelby Anne Floyd, Legal Aid Society of Hawaii, Honolulu, Hawaii, for plaintiffs and plaintiffs-intervenors.

Michael R. Marsh, Deputy Atty. Gen., Ronald Y. Amemiya, Atty. Gen., State of Hawaii, Honolulu, Hawaii, for defendants George Yuen and Walter Quisenberry.

Robert E. St. Sure, Deputy Corp. Counsel, Barry Chung, Corp. Counsel, Honolulu, Hawaii, for defendant Francis Keala.

John H. R. Plews, Anthony, Hoddick, Reinwald & O'Connor, Honolulu, Hawaii, for defendant George Bolian, M.D.

DECISION ON MOTION FOR SUMMARY JUDGMENT

SAMUEL P. KING, Chief Judge.

In 1967, the Fourth State Legislature of the State of Hawaii passed Act 259, relating to "Mental Health, Mental Illness, Drug Addiction and Alcoholism." On March 18, 1976, in an action attacking the Act as unconstitutional, I held that the nonconsensual provisions of the Act were unconstitutional as violative of due process, except for a limited application of the short-term emergency hospitalization...

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