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BAUGH v. WOODARD

No. 81-132-CRT.

604 F.Supp. 1529 (1985)

Paul Mack BAUGH, Individually and in behalf of all other similarly situated, Plaintiff, v. James WOODARD, Secretary, N.C. Department of Correction; Amos Reed, former Secretary, N.C. Department of Correction; Ralph Edwards, Director of N.C. Department of Correction; Richard Kiel, Chief of Medical Service, N.C. Department of Correction; Billy Royal, M.D., Charles Smith, M.D., Sam Garrison, Warden, Richard Jeffries, Nurse, James Dupree, Nurse's Aide, Frank L. Mahan, Superintendent of Wayne County Unit; Sarah T. Morrow, Secretary, N.C. Department of Human Resource, R.J. Blackley, Acting Director of N.C. Division of Mental Health, Retardation, etc.; Bruce E. Whitaker, Chairman, N.C. Commission for Mental Health & Retardation, Defendants.

United States District Court, E.D. North Carolina, Raleigh Division.

March 26, 1985.

Attorney(s) appearing for the Case

Gregory Malhoit, R. Giroux, Christine Heinberg and Deborah Greenblatt, Raleigh, N.C., for plaintiff.

M. Alexander Biggs, Rocky Mount, N.C., William F. O'Connell, James Peeler Smith, Raleigh, N.C., for defendants.

MEMORANDUM OPINION

BRITT, Chief Judge.

This is a class action brought by all persons who are or will be incarcerated by the North Carolina Department of Corrections (DOC) and who have been or will be involuntarily transferred to, or subjected to inpatient treatment at, mental health facilities operated by the DOC. The plaintiff class brings this action pursuant to 42 U.S.C. § 1983 alleging that the State of North Carolina has been and will continue...

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