Oregon Advocacy Center v. Mink

322 F.3d 1101 OREGON ADVOCACY CENTER; Metropolitan Public Defender Services, Inc.; and A.J. Madison, Plaintiffs-Appellees, v. Bobby MINK, Director of the Department of Human Services, in his official capacity; and Stanley Mazur-Hart, Superintendent of Oregon State Hospital, in his official capacity, Defendants-Appellants. No. 02-35530. United States Court of Appeals, Ninth Circuit. Argued and Submitted September 11, 2002. Filed March 6, 2003. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Richard D. Wasserman, Assistant Attorney General, Salem, OR, for the defendants-appellants. Kathleen L. Wilde, Oregon Advocacy Center, and Spencer M. Neal, Oregon Law Center, Portland, OR, for the plaintiffs-appellees. Appeal from the United States District Court for the District of Oregon; Owen M. Panner, Senior District Judge, Presiding. D.C. No. CV-02-00339-PA. Before: T.G. NELSON, GRABER and FISHER, Circuit Judges. FISHER, Circuit Judge. 1 Oregon, in recognition of the constitutional rights of mentally incapacitated persons charged with a crime, commendably has enacted statutory procedures for the identification and restorative treatment of such persons so…