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ASSOCIATION FOR RETARDED CITIZENS OF N.D. v. OLSON

Civ. No. A1-80-141.

561 F.Supp. 470 (1981)

ASSOCIATION FOR RETARDED CITIZENS OF NORTH DAKOTA, et al., Plaintiffs, v. Allen I. OLSON, Governor of the State of North Dakota, et al., Defendants.

United States District Court, D. North Dakota, Southwestern Division.

November 13, 1981.

Attorney(s) appearing for the Case

Michael J. Williams, Bismarck, N.D., Mary Deutsch Schneider, Legal Assistance of N.D., Fargo, N.D., for plaintiffs.

Robert O. Wefald, Atty. Gen., Rick D. Johnson, Daniel L. Hovland, Asst. Atty. Gen., Albert A. Wolf, Sp. Asst. Atty. Gen., Bismarck, N.D., for defendants.

MEMORANDUM

VAN SICKLE, District Judge.

This memorandum is prepared in conjunction with the interim Court order issued by this Court on November 4, 1981. In that order the Court decreed:

1. (a) That plaintiffs who have been involuntarily hospitalized have a right under the due process clause of the Fourteenth Amendment to the United States Constitution to receive minimally adequate care and treatment; (b) That plaintiffs who have been voluntarily...

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