Youngberg V. Romeo
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Youngberg V. Romeo
''Youngberg v. Romeo'', 457 U.S. 307 (1982), was a landmark United States Supreme Court case regarding the rights of the involuntarily committed and those with intellectual disabilities. Nicholas Romeo had an intellectual disability with an infant level IQ and was committed to a Pennsylvania state hospital. He was restrained for 9 months straight out of his 11 month stay and repeatedly abused. The Supreme Court agreed with the Third Circuit Court of Appeals that involuntarily committed residents had the right to reasonably safe confinement conditions, no unreasonable body restraints and the habilitation they reasonably require. Background The defendants, who were management personnel at Pennhurst State School, an old state facility to which Romeo's mother had him committed when she could no longer care for him, did not dispute Romeo's right to care, habilitation, training and security. The critical issue in the case was the standard of care and whether the defendants had vi ...
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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as ''Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), ''Bush v. Gore'' (2000) regarding the 2000 presidential election, and ''Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendment ...
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Landmark Decision
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. In Commonwealth countries, a reported decision is said to be a ''leading decision'' when it has come to be generally regarded as settling the law of the question involved. In 1914, Canadian jurist A. H. F. Lefroy, Augustus Henry Frazer Lefroy said "a 'leading case' [is] one that settles the law upon some important point". A leading decision may settle the law in more than one way. It may do so by: * Distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of ''stare decisis''; * Establishing a "test" (that is, a measurable standard that can be applied ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Involuntary Commitment
Involuntary commitment, civil commitment, or involuntary hospitalization/hospitalisation is a legal process through which an individual who is deemed by a qualified agent to have symptoms of severe mental disorder is detained in a psychiatric hospital (inpatient) where they can be treated involuntarily. This treatment may involve the administration of psychoactive drugs, including involuntary administration. In many jurisdictions, people diagnosed with mental health disorders can also be forced to undergo treatment while in the community; this is sometimes referred to as outpatient commitment and shares legal processes with commitment. Criteria for civil commitment are established by laws which vary between nations. Commitment proceedings often follow a period of emergency hospitalization, during which an individual with acute psychiatric symptoms is confined for a relatively short duration (e.g. 72 hours) in a treatment facility for evaluation and stabilization by mental health ...
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Intellectual Disabilities
Intellectual disability (ID), also known as general learning disability in the United Kingdom and formerly mental retardation,Rosa's Law, Pub. L. 111-256124 Stat. 2643(2010). is a generalized neurodevelopmental disorder characterized by significantly impaired intellectual and adaptive functioning. It is defined by an IQ under 70, in addition to deficits in two or more adaptive behaviors that affect everyday, general living. Intellectual functions are defined under DSM-V as reasoning, problem‑solving, planning, abstract thinking, judgment, academic learning, and learning from instruction and experience, and practical understanding confirmed by both clinical assessment and standardized tests. Adaptive behavior is defined in terms of conceptual, social, and practical skills involving tasks performed by people in their everyday lives. Intellectual disability is subdivided into syndromic intellectual disability, in which intellectual deficits associated with other medical and beh ...
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Third Circuit Court Of Appeals
The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts: * District of Delaware * District of New Jersey * Eastern District of Pennsylvania * Middle District of Pennsylvania * Western District of Pennsylvania This circuit also hears appeals from the District Court of the Virgin Islands, which is an Article VI territorial court and not a district court under Article III of the Constitution. The court is composed of 14 active judges and is based at the James A. Byrne United States Courthouse in Philadelphia, Pennsylvania. The court also conducts sittings in other venues, including the United States Virgin Islands. It is one of 13 United States courts of appeals. Due to the court's appellate jurisdiction over Delaware Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Penns ...
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Pennhurst State School
Pennhurst State School and Hospital, originally known as the ''Eastern Pennsylvania State Institution for the Feeble-Minded and Epileptic'' was a state-run institution for mentally and physically disabled individuals of Southeastern Pennsylvania located in Spring City. After 79 years of controversy, it closed on December 9, 1987. History Overview In 1903, the Pennsylvania Legislature authorized the creation of the Eastern State Institution for the Feeble-Minded and Epileptic and a commission was organized to take into consideration the number and status of the feeble-minded and epileptic persons in the state and determine a placement for construction to care for these residents. This commission discovered 1,146 feeble-minded persons in insane hospitals and 2,627 in almshouses, county-care hospitals, reformatories, and prisons, who were in immediate need of specialized institutional care. The legislation stated that the buildings would be in two groups, one for the educationa ...
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Jarvis Hearings
Jarvis hearings refer to court processes in Minnesota, United States, that are made for patients who may have mental health disabilities to be given treatment with antipsychotic medicines without their consent. The hearings are based upon a decision of the Minnesota Supreme Court The Minnesota Supreme Court is the Supreme court, highest court in the U.S. state of Minnesota. The court hears cases in the Supreme Court chamber in the Minnesota State Capitol or in the nearby Minnesota Judicial Center. History The court wa ..., Jarvis v. Levine, 418 NW 2d 139 - Minn: Supreme Court 1988 Similar rights exist in most other States.Beck, "Right to Refuse Antipsychotic Medication: Psychiatric Assessment and Legal Decision-Making," 11 ''Mental & Physical Disability L.Rep.'' 368 (1987). References United States disability case law United States procedural law Minnesota law {{US-law-stub ...
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List Of United States Supreme Court Cases, Volume 457
This is a list of all United States Supreme Court cases from volume 457 of the ''United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, orders, case tables (list of every case decided), in alphabetical order both by the name of the petitioner ...'': External links {{SCOTUSCases, 457 1982 in United States case law ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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1982 In United States Case Law
__NOTOC__ Year 198 (CXCVIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Sergius and Gallus (or, less frequently, year 951 ''Ab urbe condita''). The denomination 198 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire *January 28 **Publius Septimius Geta, son of Septimius Severus, receives the title of Caesar. **Caracalla, son of Septimius Severus, is given the title of Augustus. China *Winter – Battle of Xiapi: The allied armies led by Cao Cao and Liu Bei defeat Lü Bu; afterward Cao Cao has him executed. By topic Religion * Marcus I succeeds Olympianus as Patriarch of Constantinople (until 211). Births * Lu Kai (or Jingfeng), Chinese official and general (d. 269) * Quan Cong, Chinese general and advisor (d. ...
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History Of Chester County, Pennsylvania
Chester County (Pennsylvania Dutch: ''Tscheschter Kaundi''), colloquially known as Chesco, is a county in the Commonwealth of Pennsylvania. It is located in the Delaware Valley region of the state. As of the 2020 census, the population was 534,413, increasing by 7.1% from 498,886 in 2010. The county seat and most populated municipality is West Chester. Chester County was one of the three original Pennsylvania counties created by William Penn in 1682. It was named for Chester, England. Chester County is part of the Philadelphia- Camden- Wilmington, PA- NJ- DE- MD Metropolitan Statistical Area. Eastern Chester County is home to many communities that comprise part of the Philadelphia Main Line western suburbs outside of Philadelphia, while part of its southernmost portion is considered suburban Wilmington, along with southwest Delaware County. History Philadelphia, Bucks, and Chester were the three Pennsylvania counties initially created by William Penn on August 24, 1682. ...
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