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DOE v. GALLINOT

No. CV 76-107F.

486 F.Supp. 983 (1979)

John DOE, Plaintiff, v. Gary GALLINOT, Arthur Warren, Donald Quinn, Walter Hard, Robert Oliver, Police Officers, Santa Monica Police Dept.; Velma Tamanaha, Psychiatric Nurse & Officer of the Day; Joseph del Giudice, Regional Director, Santa Monica West, a Mental Health Facility of Los Angeles County; Harry Jones, M. D., Medical Director, S. E. Stevens, M. D., Camarillo State Hospital; David Edwards, M. D., Oxnard, California, Defendants.

United States District Court, C. D. California.

September 24, 1979.

Attorney(s) appearing for the Case

Charles M. Sevilla, Chief Asst. State Public Defender, Paul D. Fogel, Joel F. Franklin, Joseph Levine, Deputy State Public Defenders, Los Angeles, Cal., for plaintiff; Kelso & Young, Los Angeles, Cal., of counsel.

George Deukmejian, Atty. Gen., Anne S. Pressman, Barbara M. Motz, Donald A. Robinson, Deputy Attys. Gen., Los Angeles, Cal., for defendants.

MEMORANDUM OPINION

FERGUSON, District Judge.

The plaintiff by this action challenges several portions of the California statute, the Lanterman-Petris-Short Act (LPS) (Welf. and Inst. Code §§ 5000, et seq.) (WIC) which provides for the involuntary civil commitment of persons to mental institutions. Jurisdiction exists pursuant to 28 U.S.C. § 1343(3), (4) and 42 U.S.C. § 1983.

He contends that under the Due Process Clause...

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