JURASEK v. UTAH STATE HOSP.

No. 97-4082.

158 F.3d 506 (1998)

Jan E. JURASEK, Plaintiff-Appellant, v. UTAH STATE HOSPITAL; K.V. Greenwood, Adult II Psychiatrist; John Nilsen, individually and as psychiatrist, Utah State Hospital; Mark Payne, individually and as Administrative Superintendent, Utah State Hospital; Craig Hummel, individually and as Clinical Director, Utah State Hospital; Bruce A. Guernsey, individually and as psychiatrist, Utah State Hospital; and Dr. James Hardy, individually and as psychiatrist, Utah State Hospital, Defendants-Appellees. American Orthopsychiatric Association ("AOA"), Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

October 14, 1998.


Attorney(s) appearing for the Case

Linda V. Priebe, Brazelon Center for Mental Health Law, Washington, DC (Erin Bradley Yeh, Disability Law Center, Salt Lake City, UT, with her on the brief), for appellant.

Debra J. Moore, Assistant Utah Attorney General, Salt Lake City, UT, for appellees.

John Townsend Rich and Jodi L. Short, Shea & Gardner, Washington, DC, on the brief for amicus curiae.

Before BRISCOE, McWILLIAMS, and MURPHY, Circuit Judges.


BRISCOE, Circuit Judge.

Jan Jurasek appeals the district court's entry of summary judgment in favor of defendants in this action brought under 42 U.S.C. § 1983. Jurasek, who was civilly committed and hospitalized for mental illness, claimed defendants violated his rights under the Due Process Clause of the Fourteenth Amendment and his rights of free expression under the First Amendment by forcibly medicating him with psychotropic drugs. We exercise jurisdiction...

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