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PEMBROKE HOSPITAL v. D.L.

No. SJC-12599.

482 Mass. 346 (2019)

PEMBROKE HOSPITAL v. D.L.

Supreme Judicial Court of Massachusetts, Plymouth.

May 23, 2019.

Attorney(s) appearing for the Case

Devorah Anne Borenstein, Committee for Public Counsel Services, for the defendant.

Michael T. Porter, for the plaintiff.

Lester D. Blumberg, Special Assistant Attorney General, & Jeffrey Mackenzie, for Department of Mental Health, amicus curiae, submitted a brief.

Kathryn Rucker, Robert D. Fleischner, Nicole Holbrook, Phillip Kassel, Stanley Eichner, & Richard Glassman, for Mental Health Legal Advisors Committee & others, amici curiae, submitted a brief.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.

"The right of an individual to be free from physical restraint is a paradigmatic fundamental right." Matter of E.C., 479 Mass. 113, 119 (2018), quoting Commonwealth v. Knapp, 441 Mass. 157, 164 (2004). General Laws c. 123 governs involuntary civil...

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