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Dennison v. State

Court of Appeals of the State of New York
Sep 25, 1969
252 N.E.2d 130 (N.Y. 1969)

Opinion

Submitted September 23, 1969

Decided September 25, 1969


Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Claimant argued that his commitment in 1936 and his retention pursuant to the then existing section 384 of the Correction Law constituted a violation of his rights under the equal protection clause (see Baxstrom v. Herold, 383 U.S. 107), entitling him to damages for his retention in a criminal rather than a civil hospital for the insane. The Court of Appeals considered this contention and held that claimant had no right to damages based on a retrospective application of Baxstrom v. Herold ( supra). Other constitutional issues based on violation of due process raised by claimant were not determinative because the court concluded that he sustained no actionable damages.


Summaries of

Dennison v. State

Court of Appeals of the State of New York
Sep 25, 1969
252 N.E.2d 130 (N.Y. 1969)
Case details for

Dennison v. State

Case Details

Full title:STEPHEN DENNISON, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No…

Court:Court of Appeals of the State of New York

Date published: Sep 25, 1969

Citations

252 N.E.2d 130 (N.Y. 1969)
252 N.E.2d 130
304 N.Y.S.2d 596

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