Tribby v. Cameron

• Court: U.S. Court of Appeals — District of Columbia Circuit
• Writing for the Court: EDGERTON, Senior Circuit , and TAMM and ROBINSON, Circuit
• Citation: Tribby v. Cameron, 379 F.2d 104, 126 U.S.App.D.C. 327 (D.C. Cir. 1967)
• Decision Date: 14 April 1967
• Docket Number: No. 20454.,20454.
• Parties: Willard G. TRIBBY, Appellant, v. Dale CAMERON, Superintendent, St. Elizabeths Hospital, Appellee.

379 F.2d 104 (1967)

Willard G. TRIBBY, Appellant, v. Dale CAMERON, Superintendent, St. Elizabeths Hospital, Appellee.

No. 20454.

United States Court of Appeals District of Columbia Circuit.

Argued January 6, 1967.

Decided April 14, 1967.

Mr. Perry S. Patterson, Washington, D. C. (appointed by this court), for appellant.

Mr. John A. Terry, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and William M. Cohen, Asst. U. S. Attys., were on the brief, for appellee. Mr. Oscar Altshuler, Asst. U. S. Atty., also entered an appearance for appellee.

Before EDGERTON, Senior Circuit Judge, and TAMM and ROBINSON, Circuit Judges.

EDGERTON, Senior Circuit Judge:

This appeal is from an order discharging a writ of habeas corpus. Appellant was committed to St. Elizabeths Hospital in 1960 pursuant to D.C.Code (1961) § 24-301(d), which provides that a person tried on a criminal charge and acquitted solely on the ground that he was insane at the time of the offense shall be confined in a mental hospital.

The Government concedes in its brief that appellant is "receiving little or no treatment; at least this was true at the time of the hearing." During the four months preceding the hearing in the District Court he had seen a psychiatrist "approximately three times" and had not participated in any activities or therapeutic programs other than "environmental therapy." The hospital made no effort to induce him to participate and did not even tell him that any treatment was available. Passivity is a mark of his illness.

In Rouse v. Cameron, 125 U.S.App. D.C. ___, 373 F.2d 451, which we decided October 10, 1966, some months after the District Court entered its order in the present case, we held that a person hospitalized under § 24-301(d) has a "right to treatment" cognizable in habeas corpus. There "the government psychiatrist testified that the appellant was receiving `environmental therapy.' But the suitability and adequacy of the `milieu' as therapy for this petitioner was not explored."

This is true here also. As in Rouse, therefore, "`law and justice require' that we remand for a hearing and findings on whether appellant is receiving adequate treatment." If not, the court "may allow the hospital a reasonable opportunity to initiate treatment." And, as in Rouse, "Unconditional or conditional release may be in order if it appears that the opportunity for treatment has been exhausted or treatment is otherwise inappropriate. It is...