Chancery Clerk of Chickasaw County, Mississippi v. Robert Wallace

JERRE S. WILLIAMS, Circuit Judge:

• The motion for rehearing is denied. The opinion for the Court in this case, slip opinion 3507, is withdrawn and the following opinion is substituted.

This case presents an interlocutory appeal from significant pretrial rulings in a class action challenging the constitutionality of Mississippi’s procedures for the involuntary commitment of adults to state mental institutions. 1 The plaintiffs assert a § 1983 claim 2 for a declaratory judgment finding the civil commitment procedures violative of their fourteenth amendment due process rights.

At issue here is the…