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Oregon Advocacy Center v. Bobby Mink
United States Court of Appeals for the Ninth Circuit
322 F.3d 1101 (2003)
Oregon Advocacy Center (OAC) (plaintiff), a law office federally funded under the Protection and Advocacy for Mentally Ill Individuals Act of 1986, filed a class-action against Oregon State Hospital (the hospital) officials, including Bobby Mink (defendant). OAC represented the rights of individuals with disabilities, including those suffering from mental illness. OAC argued that the hospital violated the substantive and procedural due-process rights of incapacitated criminal defendants by failing to transfer the defendants from jail to the hospital in a timely manner. Mink argued that OAC lacked standing to sue, as the individuals represented by OAC were not members and because participation of the individual defendants was required in the lawsuit. The district court did not agree with Mink’s arguments and granted OAC an injunction. The court ordered that the hospital admit defendants suffering from mental illness within seven days of a finding of incapacity. Mink appealed to the Ninth Circuit Court of Appeals.
Rule of Law
Holding and Reasoning (Fisher, J.)
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