Skip navigation
× You have 2 more free articles available this month. Subscribe today.

Nebraska Mental Health Patients' Class Action Shot Down for Class Overbreadth

Numerous involuntarily committed mental health patients in Nebraska filed a federal class action lawsuit seeking declaratory and injunctive relief, claiming sexual and physical abuse by male staff and patients at three state facilities. They also claimed an array of inadequacies in the psychological treatment and life skills training they received. The district court certified the class and the defendants appealed.

On appeal, the U.S. Court of Appeals for the Eighth Circuit found that the district court had certified a class of essentially everyone who had ever been in the involved facilities, as well as anyone who ever would be, with respect to any treatment offered at those facilities. The appellate court found this class was too broad to permit under Fed.R.Civ.P. 23, and that jurisdictional problems existed. See: Elizabeth M v. Montenez, 458 F.3d 779 (8th Cir. 2006).

As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

Related legal case

Elizabeth M v. Montenez