Colyar v. THIRD JUDICIAL DIST. COURT, ETC.

ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT

ALDON J. ANDERSON, Chief Judge.

This lawsuit calls into question the Utah statute that provides for civil commitment of the mentally ill. In pertinent part, Utah Code Annotated § 64-7-36(6) (1953) provides that an individual may be involuntarily committed to treatment in a mental hospital or mental health facility by a proper district court of the State of Utah upon a finding by the court that, beyond a reasonable doubt, the proposed patient “(a) [i]s mentally ill, and” either (b) “[bjecause of the patient’s illness there is an immediate…