Kesselbrenner v. Anonymous

The basic question presented involves the constitutionality of section 85 of the Mental Hygiene Law1, which provides, insofar as pertinent, for the mandatory transfer of a civilly committed patient in a State hospital to Matteawan State Hospital following a determination that he is dangerously mentally ill.2

In essence, section 85 provides that when the director of a State hospital ascertains that a mentally ill patient “ has committed or is liable to commit an act or acts which if committed by a sane person would constitute homicide or felonious assault, or is so dangerously mentally ill that…