Geary v. Department of Behavioral & Developmental Services

[¶ 1] Mary Ellen Geary appeals from the judgment of the Superior Court (Kennebec County, Marden, J.) dismissing her M.R. Civ. P. 80C action seeking to have a third level grievance hearing before the Commissioner of the Department of Behavioral and Developmental Services. Geary contends that BDS is the proper defendant in this matter and that she has a constitutional right to the third level grievance hearing she requests. We affirm the judgment of the Superior Court.

I. CASE HISTORY

[¶ 2] In April 2001, Mary Ellen Geary was involuntarily committed, pursuant to 34-B M.R.S.A. §§ 3863-3864 (1988 &…