Citation

Atl. Report. 1990; 569: 518-531.

Copyright

(Copyright © 1990, West Publishing)

DOI

unavailable

PMID

11648586

Abstract

Richard Mahoney killed himself at a state mental institution where he had been hospitalized for suicidal tendencies. His parents brought suit against Connecticut's commissioners of mental health and others, alleging violations of the patients' Bill of Rights that included the rights to counseling, medication, and supervision. The case was dismissed by the Superior Court. The Appeals Court found error in part, the defendants appealed and the plaintiffs cross-appealed to the state Supreme Court. The Supreme Court remanded the case, holding that the patients' Bill of Rights did secure for mental hospital patients a statutory remedy for the violation of substantive liberty interests, which should be read expansively, as the wording ("including" as opposed to "shall include") and the similarly phrased rights guaranteed by 42 U.S.C. 1983 demonstrate. Therefore, plaintiffs can bring a cause of action that alleges a lack of counseling, medication, and supervision.

Language: en