The individual remained involuntarily confined on the justification that he was potentially dangerous even though he no longer suffered from the mental illness that served as a basis for his original commitment.

He was committed to East Feliciana State Hospital (LA Maximum Secure) on the grounds that he had a mental illness and was dangerous.

[3] Therefore, the state court ordered petitioner Foucha to return to the mental institution to which he had been committed, ruling that he was dangerous.

The decision was based on a doctor's testimony that, although Foucha had recovered from the drug induced psychosis for which he was committed, he continued to be diagnosed as having an antisocial personality, a condition that is not a mental illness and is not considered treatable.

[1] The Court ruled that potential dangerousness was not a justification to retain a person found not guilty by reason of insanity if no mental illness was present.

To maintain that an insanity acquittee remain civilly committed to a psychiatric institution until he is no longer a danger to himself or others is unconstitutional.