Dorsey v. Solomon

• Decision Date: 26 July 1977
• Docket Number: Civ. No. H-75-1406.
• Citation: 435 F. Supp. 725
• Parties: Sterling E. DORSEY, Frederick H. Stewart, Eliezer Mason, Individually and on behalf of all others similarly situated, Plaintiffs, v. Neil SOLOMON, in his official capacity as Secretary of Health and Mental Hygiene of the State of Maryland, Benjamin D. White, in his official capacity as Acting Commissioner of Mental Hygiene of the State of Maryland, Wilfried R. Freinek, in his official capacity as Acting Superintendent of the Clifton T. Perkins Hospital Center, David L. Cahoon, in his official capacity as Associate Judge of the Circuit Court for Montgomery County, Albert L. Sklar, in his official capacity as Associate Judge of the Supreme Bench of Baltimore City, Shirley B. Jones, in her official capacity as Associate Judge of the Supreme Bench of Baltimore City, and James A. Perrott, in his official capacity as Associate Judge of the Supreme Bench of Baltimore City, Individually and on behalf of all others similarly situated, Defendants.
• Court: U.S. District Court — District of Maryland

435 F. Supp. 725

Sterling E. DORSEY, Frederick H. Stewart, Eliezer Mason, Individually and on behalf of all others similarly situated, Plaintiffs, v. Neil SOLOMON, in his official capacity as Secretary of Health and Mental Hygiene of the State of Maryland, Benjamin D. White, in his official capacity as Acting Commissioner of Mental Hygiene of the State of Maryland, Wilfried R. Freinek, in his official capacity as Acting Superintendent of the Clifton T. Perkins Hospital Center, David L. Cahoon, in his official capacity as Associate Judge of the Circuit Court for Montgomery County, Albert L. Sklar, in his official capacity as Associate Judge of the Supreme Bench of Baltimore City, Shirley B. Jones, in her official capacity as Associate Judge of the Supreme Bench of Baltimore City, and James A. Perrott, in his official capacity as Associate Judge of the Supreme Bench of Baltimore City, Individually and on behalf of all others similarly situated, Defendants.

Civ. No. H-75-1406.

United States District Court, D. Maryland.

July 26, 1977.

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Alan S. Davis and Albert J. Matricciani, Jr., Legal Aid Bureau, Inc., Baltimore, Md., for plaintiffs.

Judith K. Sykes and Bernard A. Raum, Asst. Attys. Gen., Baltimore, Md., for defendants.

ALEXANDER HARVEY, II, District Judge:

In this class action,¹ plaintiffs ask this Court to declare that §§ 27 and 28 of Article 59, Md.Ann.Code, which establish procedures in Maryland for the involuntary commitment of those persons found not guilty by reason of insanity at a criminal trial (hereinafter termed "insanity acquittees"), violate the due process and equal protection clauses of the Fourteenth Amendment.² Plaintiffs also ask that this Court recognize by way of a declaratory judgment various rights which must be granted to them before the State may confine them against their will.

The amended complaint names as defendants the following State officials in their official and representative capacities: Neil Solomon, Secretary of Health and Mental Hygiene; Benjamin D. White, Acting Commissioner of Mental Hygiene; Wilfried R. Freinek, Acting Superintendent of the Clifton T. Perkins Hospital Center; David L. Cahoon, Associate Judge of the Circuit Court for Montgomery County; and Albert L. Sklar, Shirley B. Jones and James A. Perrott, Associate Judges of the Supreme Bench of Baltimore City.³

Plaintiffs Sterling E. Dorsey, Frederick H. Stewart and Eliezer Mason are presently involuntarily confined at Clifton T. Perkins Hospital, a state mental hospital. Each of these three plaintiffs had previously been charged with committing a crime in Maryland, had been found not guilty by reason of insanity, and had been committed pursuant to Article 59, § 27, which provides as follows:

§ 27. Committal to Department of person found not guilty by reason of insanity; examination and report; confinement or release.

A person who has been found not guilty of any crime by reason of insanity at the time of the commission of the act, in the discretion of the court, may be committed to the Department of Mental Hygiene for confinement in one of the facilities of the State for examination and evaluation to determine, by the standards applicable to civil admission proceedings under §§ 11 and 12 of this article, whether such person by reason of mental disorder would, if he becomes a free agent, be a danger to himself or to the safety of the person or property of others. Upon the basis of the report by the facility, and any other evidence before it, the court may in its discretion, direct that the person be confined in a facility designated by the Department for treatment. He shall at any time after three (3) months from the date of his confinement for examination and evaluation have the right to apply for his release pursuant to the provisions of § 15 of this article. Before a hearing on such application and petition shall be held the applicant shall present a copy of the application and petition to the State's attorney of Baltimore City or the county from which the defendant was committed. Upon a negative report by the facility, the court having jurisdiction shall order the person promptly released unless good cause for a contrary determination as to dangerousness is shown by the State's attorney.

§ 28 of Article 59 provides as follows:

§ 28. Conditional release of person committed pursuant to § 24 or § 27; recommittal.

If the Department of Mental Hygiene is of the view that a person committed pursuant to §§ 24 or 27 of this article (except during the first ninety (90) days of commitment following a finding of not guilty by reason of insanity) not otherwise subject to release without condition, may be released on condition without danger to himself or to the safety of the person or property of others, it shall make application for the release of the person in a report to the court by which the person was committed and shall present a copy of the application to the State's attorney and the clerk of the court of the county from which the defendant was committed. The clerk of the court shall send a copy of the application to the last council (sic) for each person. If the court is satisfied that the committed person may be released on condition without danger to himself or to the safety of the person or property of others, the court shall order his release on reasonable conditions as the court determines to be necessary. If within five (5) years after the conditional release of a committed person the court shall determine, after hearing evidence, that the conditions of release have not been fulfilled and that his continued release on conditions constitutes by reason of mental disorder a danger to himself or to the safety of the person or property of others, the court shall forthwith order him to be recommitted.

On February 17, 1972, the State's Attorney for Montgomery County confessed a plea of not guilty by reason of insanity in plaintiff Dorsey's case. Judge David L. Cahoon of the Circuit Court for Montgomery County on that same date, without a separate hearing on the issue of Dorsey's present dangerousness, committed Dorsey to Clifton T. Perkins Hospital for treatment. On May 23, 1972, an evaluation report by the hospital staff was sent to Judge Cahoon, recommending that an order be entered for the continued confinement of Dorsey because he was, in the opinion of the staff, still dangerous. No post-evaluation hearing was ever held concerning Dorsey's mental condition or dangerousness, and no further Order of Court was entered.

On May 23, 1974, plaintiff Frederick H. Stewart, after a non-jury trial, was found not guilty by reason of insanity by Judge Albert Sklar of the Criminal Court of Baltimore City. Pursuant to § 27 of Article 59, he was committed without a hearing to the Department of Mental Hygiene for evaluation. On September 23, 1974, an evaluation by the staff of Clifton T. Perkins Hospital was filed with Judge Sklar, finding that Stewart was presently suffering from a mental disorder and posed a danger to others. No court hearing was ever held concerning Stewart's mental condition at the time or his dangerousness, and no further Order of Court was entered.

On April 23, 1975, plaintiff Eliezer Mason, after a non-jury trial, was found by Judge Shirley B. Jones of the Criminal Court of Baltimore City to be not guilty by reason of insanity and, pursuant to § 27, was committed without a hearing to the Clifton T. Perkins Hospital for evaluation. On July 25, 1975, the hospital staff reported that Mason was still dangerous and recommended further confinement. On July 30, 1975, without a hearing, Judge James A. Perrott, acting for Judge Jones, granted the institution permission to continue Mason's confinement. No further Order of Court was ever entered.

In their amended complaint, the plaintiffs claim that §§ 27 and 28 of Article 59 and procedures followed thereunder by the State courts and by the State Department of Mental Hygiene deny them various rights guaranteed by the due process and equal protection clauses of the Fourteenth Amendment. In particular, the plaintiffs assert that Maryland law unconstitutionally permits the continued involuntary confinement of an insanity acquittees without a judicial hearing, and they seek a declaratory judgment which would recognize their right to such a hearing and their right to appropriate attendant procedures which would afford them due process of law.⁴

Following extensive discovery proceedings in this case, a partial consent decree was submitted by the parties and approved by this Court on July 29, 1976. This decree provided as follows:

IT IS HEREBY ORDERED, ADJUDGED AND DECREED as to persons who will be admitted pursuant to provisions of the Maryland Code, Article 59, § 27 after the effective date hereof, as follows:

1. As used herein, standards for civil admission mean the standards set forth in Article 59, § 12 Maryland Code Annotated.

2. The Department of Health and Mental Hygiene shall submit to the Court the required evaluation report under Article 59, § 27 Maryland Code Annotated not later than thirty (30) days from the date of the Court's order directing evaluation and examination of the insanity acquitted person. The evaluation report shall contain a statement of whether or not the present condition of the insanity acquitted person is such that he meets each of the standards for civil admission and the factual basis for the statement. This report and all other Department of Health and Mental Hygiene records dealing in any respect with the insanity acquitted person, which are located in the facility in which the insanity acquitted person is under evaluation, upon request, shall be made available to counsel for such person in order for counsel to prepare for the hearing referred to in section 5 below. All other Department of Health and Mental Hygiene records dealing with the insanity acquitted

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