Legal Opinion

Fhagen v. Miller

District Court, S.D. New York

Decided December 4, 1969No. 69 Civ. 3218PublishedCited by 15 opinions

1Opinion of the Court

EDWARD WEINFELD, District Judge.

This action was commenced by plaintiff on behalf of himself and others sim ilarly situated to declare sections 78 and 72 of the Mental Hygiene Law of the State of New York, McKinney’s Consol. Laws, c. 27, which governs admission of alleged mentally ill persons to hospitals for immediate observation, to be violative of plaintiff’s right to due process and the equal protection of the laws under the Federal Constitution. Plaintiff moves for the convening of a three-judge court and for a preliminary and permanent injunction restraining the defendants, state…

2Cases cited15 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. Flast v. CohenSupreme Court of the United States · 1968
  3. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  4. Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
  5. United Public Workers of America v. MitchellSupreme Court of the United States · 1947

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3Cited by15 opinions

  1. Lynch v. BaxleyDistrict Court, M.D. Alabama · 1974
  2. Logan v. ArafehDistrict Court, D. Connecticut · 1972
  3. Fhagen v. MillerNew York Court of Appeals · 1972
  4. Lollis v. New York State Department of Social ServicesDistrict Court, S.D. New York · 1970
  5. Application of TrueIdaho Supreme Court · 1982

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