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MENTAL DISABILITY LAW CLINIC v. HOGAN

Case No. 96-CV-1485 (FB).

853 F.Supp.2d 307 (2012)

MENTAL DISABILITY LAW CLINIC, Touro Law Center, Plaintiff, v. Michael F. HOGAN, in his official capacity as Commissioner of the New York State Office of Mental Health, Defendant.

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

March 30, 2012.

Attorney(s) appearing for the Case

William M. Brooks, Esq., Central Islip, NY, for the Plaintiff.

Eric T. Schneiderman, Esq., Attorney General of the State of New York, by Jane R. Goldberg, Esq., Assistant Attorney General, New York, NY, for the Defendant.

MEMORANDUM AND ORDER

BLOCK, Senior District Judge:

This case is on remand from the Second Circuit. The circuit court's remand revives the claim of the Mental Disability Law Clinic, Touro Law Center ("the Clinic"), that certain practices of the New York State Office of Mental Health ("OHM") violate the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. In addition to addressing the merits of the Clinic's claims, OMH (through...

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