Case Summary

Mario Lozito filed a petition for writ of habeas corpus on behalf of his wife, Francesca Lozito, on February 16, 1920. Mario Lozito alleged that his wife was being held without an order from a tribunal under the general pretense that she was insane. He stated that she was not congenitally or dangerously insane and that she was taken care of in her home by her husband and mother. A judge ordered that the Superintendent of the Douglas County Hospital come before the Court and show cause for her detention, and this order was delivered to Cora E. Patton, Matron and Acting Superintendent of the Douglas County Hospital. Lozito was discharged from custody following a hearing on February 19, 1920. However, on the same day, Patton filed a motion to quash the writ. The Court, after considering the motion of a complaining witness named Guenn P. Godard, vacated the order allowing the application for writ of habeas corpus. Francesca Lozito was returned to the custody of the superintendent of the Douglas County Hospital by the Court's orders, and her fate is unknown.

Case Information

Petition type(s)

• Institutional

Petition subtype(s)

• Insanity

Sites of significance

• County Hospital (Omaha, Nebraska)

Outcome

Writ vacated

Fate of bound party

Unknown

Case Citation

Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series: Criminal Appearance Docket Books, Vol. 22: ca. 1919 - 1920, p. 192; Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Reel 89: Doc. 22-51 to 22-210, Dec. 30, 1919 - Feb. 26, 1920, No. 22-192

Source material(s)

Case File | Docket

Length of case file

Between 11 and 20 pages

Repository(s)

• Douglas County District Court (Omaha, Nebraska)

State

• Nebraska

Tag(s)

• Institutionalization

People

• Coffey, Raymond T. (R. T. Coffey) (respondent attorney)
• Lozito, Francesca (bound party)
• Lozito, Mario (petitioner)
• Patton, Cora (respondent)
• Patton, Cora (holding party)
• Patton, Cora (responding party)
• Troupe, A. C. (Troup) (judge)
• Delitala, Claudio (Vlaudio Delltapa) (petitioner attorney)
• Wakely, Arthur J. (judge)

• Additional parties

  Clark, Michael L. (Sheriff)

  McDonald, H. S. (Deputy Sheriff)

  Magney, George A. (County Attorney)

  Smith, Robert (Clerk)

  Steere, Asel Jr. (Deputy Clerk)

  Godard, Guenn P. (Witness)