Wednesday, July 4, 2007

I'm Hoping Someone With Lexis Access Will Take Pity On Me

I'm trying to find out what cases cited the precedent Lake v. Cameron (D.C.Cir. 1966), which found that there was a right to a least restrictive alternative to commitment. So far, using the search engine at www.findlaw.com, I can only find two Supreme Court decisions that cite this, In re Gault (1967) and Donaldson v. O'Connor (1975). I can't find any U.S. Court of Appeals decision that cite it. This is surprising to me, since I was under the impression that Lake was a major decision. The American Academy of Psychiatry and the Law recently removed Lake from its "landmark cases" list.

The Lake case involved a woman suffering from senility who would, depending on whose accounts you believe, go out for a walk in D.C., get confused, lost, and be out for days on end, or was a bag lady, with everything she owned in a big bag. She was committed in 1962 because St. Elizabeth's, the public mental hospital, was the only locked facility available to help her. She had no family that was in a position to provide the level of supervision required for her safety.

Judge Bazelon, who kept finding Constitutional rights hiding in a place where the sun doesn't shine, found that she had a right to the least restrictive treatment alternative to commitment. (The federal law governing this gave the courts the authority to commit, "or order any other alternative course of treatment which the court believes will be in the best interests of the person or of the public." Clearly, the court had the authority to find other courses of treatment, but not an obligation.)

In practice, after her case went back down to the district court to be reheard, the courts investigated and found that there was no less restrictive alternative available to Ms. Lake in D.C. She didn't have the money for a supervised private nursing facility, and the only public facilities, other than the public mental hospital, didn't have the level of supervision required to protect her. She died at St. Elizabeth's in 1971, "having received no visitors in her last year." (Brooks, Law, Psychiatry and the Mental Health Systems, 732.

UPDATE: Thanks, got it!

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