Hilbenbrand v. Smith

MEMORANDUM AND ORDER

DeMASCIO, District Judge.

The plaintiff has filed a complaint wherein she alleges that the defendants “unilater*159ally, arbitrarily and unlawfully” discharge committed mental patients from state hospitals without “notice or hearing.” She contends that this procedure violates her right to due process. On November 25, 1977, we denied a request to certify this cause as a class action because plaintiff could not establish that the class she sought to represent exists or that she could adequately represent the interests of that purported class.

At oral argument on the plaintiff’s…