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L.P.S. BY KUTZ v. LAMM

No. 82-2280.

708 F.2d 537 (1983)

L.P.S., a Minor, by Kristin A. KUTZ, as next friend, Plaintiff-Appellee, v. Richard D. LAMM, Governor of the State of Colorado; Raymond Liedig, M.D., or his successor or interim appointee, Executive Director of the Colorado Department of Institutions; Haydee M. Kort, M.D., Superintendent of the Colorado State Hospital, Pueblo, Colorado; Terrance McGrann, Assistant Superintendent of the Colorado State Hospital, Pueblo, Colorado; Karen Brody, M.D., Staff Psychiatrist, Colorado State Hospital, Pueblo, Colorado; Kalish Jaitley, Psy.D., Director, Child and Adolescent Treatment Center, Colorado State Hospital, Pueblo, Colorado; Louis Brothers, Team Leader, Child and Adolescent Treatment Center, Colorado State Hospital, Pueblo, Colorado; Kathy Cordova, Psychiatric Technician, Child and Adolescent Treatment Center, Colorado State Hospital, all employees and agents acting therefor; James Walch, Director, Pueblo County Department of Social Services, Pueblo, Colorado; William Berg, Supervisor, Pueblo County Department of Social Services, Pueblo, Colorado; Robert Villarreal, Caseworker, Pueblo County Department of Social Services, Pueblo, Colorado, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 2, 1983.

Attorney(s) appearing for the Case

George E. Smith, Pueblo County Legal Services, Inc., Pueblo, Colo., for plaintiff-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Sol. Gen., and Margery T. Bornstein, Asst. Atty. Gen., Human Resources Section, State of Colo., Denver, Colo., for State defendants-appellees.

Justin R. Melat and Glenn S. Pressman, Colorado Springs, Colo., for defendants-appellees James Walch, William Berg and Robert Villarreal.

Before BARRETT, DOYLE and McKAY, Circuit Judges.

BARRETT, Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R. App.P. 34(a); Tenth Circuit R. 10(e). The cause is therefore ordered submitted without oral argument.

Plaintiff-appellant minor patient L.P.S. ("patient") appeals from the district court's denial of his motion to reinstitute...

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