Vitek v. Jones, 436 U.S. 407 (1978)

Vitek v. Jones


No. 77-888


Argued April 24, 1978
Decided May 23, 1978
436 U.S. 407

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

Syllabus

District Court’s judgment that a Nebraska statute authorizing a state prisoner’s transfer to a state mental hospital without his consent was unconstitutional as applied to plaintiff prisoners, including appellee, in an action challenging the statute’s validity, is vacated, and the case is remanded for consideration of mootness, where it appears that appellee has accepted parole for the purpose of receiving, and is receiving, psychiatric care at a Veterans Hospital.

437 F.Supp. 569, vacated and remanded.