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‘Parked’ Mental Health Patients’ Due Process Claims Can Proceed

Dec. 21, 2020, 2:06 PM

Mental health patients in New Hampshire can move forward on a claim that the state health commissioner is violating their due process rights by detaining them in hospital emergency rooms while awaiting transfer to a state facility without providing a timely hearing, a federal court in the state said.

The 11th Amendment, which prohibits most lawsuits against states, doesn’t apply in this instance, because the claim is against a state official, not the state, and seeks injunctive relief, the U.S. District Court for the District of New Hampshire said.

This is the second time the court has refused to dismiss ...

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