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GOETZ v. CROSSON

No. 88 Civ. 9134 (GLG).

728 F.Supp. 995 (1990)

Lyle R. GOETZ, individually and on behalf of all others similarly situated, Plaintiff, v. The Honorable Matthew CROSSON, in his official capacity of chief administrator of the courts of New York, the Honorable John R. King, in his official capacity of Acting Supreme Court Justice, the Honorable Judith A. Hillery, in her official capacity of Acting Supreme Court Justice, and Dr. Richard C. Surles, in his official capacity of Commissioner of the New York State Office of Mental Health, Defendants.

United States District Court, S.D. New York.

January 12, 1990.

Attorney(s) appearing for the Case

Mental Disability Law Clinic, Touro College, Jacob D. Fuchsberg Law Center (William M. Brooks, of counsel), Huntington, N.Y., for plaintiff and proposed intervenors.

Robert Abrams, Atty. Gen. (Robert L. Schonfeld and Yolanda Pizarro, of counsel), New York City, for defendants.

OPINION

GOETTEL, District Judge:

This action challenges the procedures by which an individual may be involuntarily committed to a psychiatric hospital in Dutchess County. The plaintiff alleges that the current practices of the Dutchess County Supreme Court violate the Due Process Clause of the Fourteenth Amendment by denying the involuntary committee access to psychiatric or other expert assistance at civil commitment or retention proceedings. The plaintiff...

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