Meisel v. Kremens

MEMORANDUM OPINION AND ORDER

HIGGINBOTHAM, District Judge.

INTRODUCTION

In this civil rights action, brought individually and on behalf of all other per sons similarly situated, 1 plaintiff Kenneth Meisel challenges the constitutionality of a Pennsylvania statute, § 419(b) of the Mental Health and Mental Retardation Act of 1966, 50 P.S. § 4419(b). The statute provides for the summary revocation, by directors of state mental health facilities, of leaves of absence granted to patients in those facilities. The plaintiff seeks declaratory relief, attorneys’ fees and costs alleging that the statute,…