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- Dedman School of Law
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Professor's Reply: 
 
It is true that the nursing home had no authorization, but this fact is not material to whether he was restrained. Rather, the lack of authority is material to whether the force was "without adequate legal justification." Go back and ask yourself again: what happened to Mr. Newman that made the court believe he had been kept against his will?

 


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  Last updated: 06/19/07
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