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BURCH v. APALACHEE COMMUNITY MENTAL HEALTH SERV.

No. 85-3843.

840 F.2d 797 (1988)

Darrell BURCH, Plaintiff-Appellant, v. APALACHEE COMMUNITY MENTAL HEALTH SERVICES, INC., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 18, 1988.

Attorney(s) appearing for the Case

Richard M. Powers, Tallahassee, Fla., for plaintiff-appellant.

Robert C. Crabtree, Lloyd Monroe, Tallahassee, Fla., for Apalachee Community Mental Health.

Walter M. Meginniss, Eric J. Taylor, Asst. Attys. Gen., Tallahassee, Fla., for Williams, Potter, Parker, Sweet, McCormich, Pandya, Chou, Harrison, Daniel and Stephens.

Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, and EDMONDSON, Circuit Judges, and TUTTLE and GODBOLD, Senior Circuit Judges.

JOHNSON, Circuit Judge:

In this action brought under 42 U.S.C.A. § 1983, Darrell Burch alleges that the appellees "willful[ly], wanton[ly] and [with] reckless disregard" deprived him of his liberty without due process of law. The United States District Court for the Northern District of Florida granted the appellees' motion to dismiss the action for failure to state a claim upon which relief could be granted. See Fed.R.Civ.P. 12(b)(6). We reverse the district...

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