Legal Opinion · Dissent

Lynch v. Baxley

District Court, M.D. Alabama

Decided December 14, 1974No. Civ. A. 74-89-NPublished

1DissentVarner, District Judge

Differing from parts of the opinion of the majority of this Court, I respectfully dissent from several aspects thereof.

I am gravely concerned that the majority opinion would strip the State of any functional statute for commitment of any but the criminally insane1 and would force the release of some persons dangerous to themselves or others. It is inconceivable to me that the Legislature intended to leave this State without a legally sufficient procedure for committing the needy insane or the dangerous insane.2 I would, therefore, construe as facially constitutional that part of the…

2Cases cited18 opinions

  1. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  2. Milliken v. MeyerSupreme Court of the United States · 1941
  3. Jackson v. IndianaSupreme Court of the United States · 1972
  4. Lynch v. United StatesSupreme Court of the United States · 1934
  5. Humphrey v. CadySupreme Court of the United States · 1972

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