Legal Opinion

Commonwealth, Department of Public Welfare, Farview State Hospital v. Kallinger

Commonwealth Court of Pennsylvania

Decided September 10, 1990PublishedCited by 37 opinions

1Opinion of the Court

PELLEGRINI, Judge.

The Commonwealth of Pennsylvania, Department of Public Welfare, (Department), Farview State Hospital (Far-view), files this Request for Special Emergency Relief asking this Court for a Declaratory Judgment authorizing the involuntary administration of necessary nutrition and medi cal treatment in order to preserve the safety, health and life of Joseph Kallinger (Kallinger).

We are called upon to decide a sensitive matter which is without precedent in this Commonwealth. Joseph Kallinger wants to starve himself to death. 1 The Department, who has custody, wants to force him to…

2Cases cited23 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Bell v. WolfishSupreme Court of the United States · 1979
  4. Hudson v. PalmerSupreme Court of the United States · 1984
  5. Pell v. ProcunierSupreme Court of the United States · 1974

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3Cited by37 opinions

  1. Berrell Freeman v. Gerald A. BergeCourt of Appeals for the Seventh Circuit · 2006
  2. In Re: Grand Jury Subpoena John Doe v. United StatesCourt of Appeals for the Second Circuit · 1998
  3. State Ex Rel. Schuetzle v. VogelNorth Dakota Supreme Court · 1995
  4. McNabb v. Department of CorrectionsWashington Supreme Court · 2008
  5. Bezio v. DorseyNew York Court of Appeals · 2013

32 more not listed; retrieve them via the Exa API.

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