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INST. JUVENILES v. SECRETARY OF PUBLIC WELFARE

Civ. A. No. 72-2272.

459 F.Supp. 30 (1978)

INSTITUTIONALIZED JUVENILES in Pennsylvania institutions for the mentally ill and the mentally retarded et al. v. SECRETARY OF PUBLIC WELFARE, Commonwealth of Pennsylvania, et al.

United States District Court, E. D. Pennsylvania.

Dissenting Opinion June 14, 1978.

On Motion to Stay Judgment July 17, 1978.

Attorney(s) appearing for the Case

David Ferleger, Philadelphia, Pa., for plaintiffs.

Norman J. Watkins, Deputy Atty. Gen., Commonwealth of Pennsylvania, Dept. of Justice, Harrisburg, Pa., for defendants.

Before GIBBONS, Circuit Judge, and HUYETT and BRODERICK, District Judges.

OPINION AND ORDER

HUYETT, District Judge.

I. Introduction

In 1975, this Court, convened as a three-judge federal court pursuant to 28 U.S.C. § 22811 held that certain provisions of the Pennsylvania Mental Health and Mental Retardation Act of 1966 (1966 Act) providing for voluntary commitment and admission to mental health facilities were unconstitutional.2 Bartley v. Kremens...

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