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STATE v. BROSSEAU

No. 82-064. No. 82-277. No. 82-365. No. 82-465.

124 N.H. 184 (1983)

THE STATE OF NEW HAMPSHIRE v. DONALD BROSSEAU, ADMINISTRATOR OF THE ESTATE OF ADRIAN BROSSEAU THE STATE OF NEW HAMPSHIRE v. ADRIENNE M. ZAPPIA, ADMINISTRATRIX OF THE ESTATE OF JOHN M. ZAPPIA ROBERT GORMAN & a. v. MANCHESTER MENTAL HEALTH CENTER & a. GLORIA WETHERBEE, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF CARLA ROSE EDWARDS v. JACK E. MELTON, SUPERINTENDENT AND CHIEF ADMINISTRATOR, LACONIA STATE SCHOOL AND TRAINING CENTER, & a.

Supreme Court of New Hampshire.

December 1, 1983.

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Peter T. Foley, attorney, on the brief and orally in Nos. 82-064, 82-277, and 82-365, and Loretta S. Platt, assistant attorney general, on the brief in No. 82-465), for the State.

Bossie, Kelly & Hodes P.A., of Manchester (Laurence E. Kelly on the brief, and Donald L. Wyatt, Jr., orally), for the defendant Donald Brosseau.

Ronald K. Lospennato and M. Elaine Beauchesne, of Concord, by brief in No. 82-064 for the Developmental Disabilities Advocacy Center, Inc., as amicus curiae.

Brown & Nixon P.A., of Manchester (Edward W. Stewart, Jr., on the brief and orally), for the defendant Adrienne M. Zappia.

Dorner & Parnell, of Londonderry, and Marien E. Evans, of Boston, Massachusetts (William B. Parnell and Ms. Evans on the brief, and Mr. Parnell orally), for the plaintiffs Robert Gorman & a.

Boyer & Kinghorn, of Nashua (Clifford R. Kinghorn, Jr., on the brief), by brief for the plaintiff Gloria Wetherbee.

KING, C.J. (with whom BROCK, J., concurs).

Chapter 556 of the New Hampshire Laws of 1973 (codified at RSA chapter 135-B) was enacted, in part, to guarantee every civilly committed mentally ill patient "a right to adequate and humane treatment." RSA 135-B:43. In 1975, the New Hampshire Legislature extended this right to "[e]very developmentally impaired client" treated by the New Hampshire Division of Mental Health. RSA 171-A:13 (Supp. 1981). Our inquiry in the present...

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