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KIRSCH v. THOMPSON

March 9, 1988

William Kirsch
v.
Ford Thompson, et al.



The opinion of the court was delivered by: KELLY

 J. M. KELLY, J.

 Plaintiff, William Kirsch, a patient at Philadelphia State Hospital (PSH) has filed a complaint with this court against defendants, Ford Thompson, Charles Erb, John White and John Does, alleging that his treatment at PSH or lack thereof has violated his rights under the Fourteenth Amendment to the United States Constitution. *fn1" Complaint at 6. More specifically, plaintiff alleges that

 
for at least the past fourteen months, for twenty-four hours a day, his wrists and ankles have been shackled, bound, restricted and immobilized. He has been involuntarily placed in four-point restraints. In fact, he has been in five-point shackles -- with a locked strap around his chest, preventing any movement. For some of those fourteen months, he was restrained in bed for twenty-four hours a day.

 Complaint at para. 10.

 Defendants argue that this motion should be denied since: (1) plaintiff has failed to show that the treatment and training decisions concerning plaintiff were a substantial departure from accepted professional judgment constituting a violation of his substantive due process rights; (2) since plaintiff has failed to present evidence which would establish under the standards promulgated in Rizzo v. Goode, 423 U.S. 362, 46 L. Ed. 2d 561, 96 S. Ct. 598 (1976) that named defendants as supervisory officials violated his constitutional rights; and (3) the monetary, and injunctive relief sought by plaintiff is not permissible and is barred by the Eleventh Amendment.

 An evidentiary hearing on plaintiff's motion for injunctive relief was held before this court. Both sides have submitted proposed findings of fact and conclusions of law. In accordance with Federal Rule of Civil Procedure 52(a) the following are this court's findings of fact and conclusions of law.

 FINDINGS OF FACT

 1. Plaintiff William Kirsch is a twenty-seven year old male who is presently involuntarily committed at PSH.

 2. Plaintiff first entered PSH in June, 1980, when he was nineteen years old.

 3. At the time of his admittance to PSH plaintiff was diagnosed as mildly to moderately mentally retarded. (Defendant's Exhibit 3.)

 4. At the time of his admittance to PSH plaintiff was in four point physical restraints. (Defendant's Exhibit 1.)

 5. Prior to his admittance to PSH plaintiff had occasionally punched and kicked himself and others without provocation. Id.

 6. During his first two years at PSH plaintiff was capable of and permitted to leave PSH by himself to visit his father. (Plaintiff's Exhibit 4.)

 7. During his first two years at PSH plaintiff, because he was responding to therapy, was given ground privileges to further support his ...


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