HICKS v. FEENEY

No. 84-5820.

770 F.2d 375 (1985)

Roy HICKS, Appellant, v. Robert C. FEENEY, individually and in his official capacity as Hospital Director of the Delaware State Hospital, a facility in the Division of Mental Health, Department of Health and Social Services State of Delaware.

United States Court of Appeals, Third Circuit.

Decided August 26, 1985.


Attorney(s) appearing for the Case

Joseph M. Bernstein (argued), Wilmington, Del., for appellant.

Marcia Rees (argued), Margaret S. Proctor, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for appellees.

Before ADAMS, HUNTER and MANSMANN, Circuit Judges.


OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

Roy Hicks appeals the order of the district court granting summary judgment to Robert C. Feeney, the former director of Delaware State Hospital ("DSH"). Hicks sued Feeney under 42 U.S.C. § 1983 (1982), alleging deprivation of procedural due process when he was involuntarily confined in DSH. For the reasons stated herein, we vacate the district court's order and remand for reconsideration of Feeney...

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