Adam Wojcik, Individually and on Behalf of All Others Similarly Situated v. Leroy Levitt, Director of the Illinois Department of Mental Health

In this case we must decide whether the district court properly dismissed plaintiff’s cause of action, which sought an injunction against the enforcement by defendant, Director of the Illinois Department of Mental Health, of a portion of the Illinois Mental Health Code, without convening a three-judge court pursuant to 28 U.S.C. § 2281. 1

Plaintiff’s indigent father has, since 1959, been involuntarily hospitalized in a facility of the Illinois Department of Mental Health. In ' May, 1972, the Department notified plaintiff that, pursuant to § 12-12 of the Illinois Mental Health Code, 2 he owed…