Oregon Advocacy Center v. Mink.

PositionState mental hospital delays treatment of mentally incapacitated criminal - Brief Article

U.S. Appeals Court

EVALUATION

DUE PROCESS

Oregon Advocacy Center v. Mink, 322 F.3d 1101 (9th Cir. 2003). Nonprofit organizations sued state officials, contending that delays by a state mental hospital in accepting mentally incapacitated criminal defendants for evaluation and treatment, violated the defendants' substantive and procedural due process rights. The district court entered an injunction requiring the hospital to admit criminal defendants within seven days of a trial court's finding of their incapacity to proceed to trial. The state officials appealed and the appeals court affirmed. The...

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