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O'Connor v. Donaldson : ウィキペディア英語版
O'Connor v. Donaldson

''O'Connor v. Donaldson'', 422 U.S. 563 (1975), was a landmark decision in mental health law. The United States Supreme Court ruled that a state cannot constitutionally confine a non-dangerous individual who is capable of surviving safely in freedom by themselves or with the help of willing and responsible family members or friends. Since the trial court jury found, upon ample evidence, that petitioner did so confine respondent, the Supreme Court upheld the trial court's conclusion that petitioner had violated respondent's right to liberty.〔(FindLaw | Cases and Codes )〕〔(【引用サイトリンク】title=O'Connor v. Donaldson, 422 U.S. 563 (1975) )〕〔(【引用サイトリンク】title=Legal standard/requirements for assisted treatment, by state )
==Overview==

Kenneth Donaldson (confined patient) had been held for 15 years in Florida State Hospital at Chattahoochee, due to needs of "care, maintenance, and treatment." He filed a lawsuit against the hospital and staff members claiming they had robbed him of his constitutional rights, by confining him against his will. Donaldson won his case (including monetary damages) in United States District Court, won the appeals, and in 1975 the victory was reaffirmed by the Supreme Court.
A finding of "mental illness" alone cannot justify a State's locking a person up against their will and keeping them indefinitely in simple custodial confinement. Assuming that that term can be given a reasonably precise content and that the "mentally ill" can be identified with reasonable accuracy, there is still no constitutional basis for confining such persons involuntarily if they are dangerous to no one and can live safely in freedom.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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