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SCOTT v. HERN

No. 98-1320.

216 F.3d 897 (2000)

Kenneth Tyler SCOTT, Plaintiff—Appellant, v. Warren HERN, M.D., acting in his official and individual capacities; C. Jan Rundus, acting in her official capacity on behalf of the State of Colorado; David Graybill, M.D., acting individually and in his official capacity on behalf of the State of Colorado; Michael Newell, individually and as agent for Warren Hern, M.D.; Gregory Idler, a police officer acting in his official capacity for the City of Boulder and John and Jane Does 1 through 100, individually and acting individually and in an official capacity on behalf of the State of Colorado and political subdivisions thereof, Defendants—Appellees. American Civil Liberties Union Foundation of Colorado, Inc. Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

As Modified in Part on Grant of Rehearing July 6, 2000.

Attorney(s) appearing for the Case

John Fogerty Winston (Andrew B. Reid with him on the briefs), Denver, Colorado, for the appellant.

Howard Bittman, Boulder, Colorado, for the appellee Warren Hern.

Andrew Ringel (Pamela Skelton on the brief) of Hall & Evans, L.L.C., Denver, Colorado, for the appellee David Graybill, M.D.

Jennifer L. Veiga (Dennis A. Hanson with her on the brief), of Wood, Ris & Hames, P.C., Denver, Colorado, for the appellee Michael Newell.

Theodore S. Halaby and Jon A. Halaby of Halaby, Cross & Schluter, Denver, Colorado, filed a brief for appellee Gregory Idler.

Marc F. Colin, and R. Stephen Hall of Bruno, Bruno & Colin, P.C., Denver, Colorado, filed a brief for appellee C. Jan Rundus.

Lori Potter of Kelly, Haglund, Garnsey & Kahn, LLC, Denver, Colorado, filed a brief for Amicus Curiae ACLU Foundation of Colorado.

Before HENRY, LUCERO and MURPHY, Circuit Judges.

LUCERO, Circuit Judge.

Plaintiff-appellant Kenneth Scott filed suit against individuals who participated in his involuntarily commitment to a mental institution, alleging a dizzying array of violations of 42 U.S.C. § 1983 and related violations of state law. His appeal from the dismissal of those claims raises three important issues. We first reject the proposition that the state action requirement of a § 1983 claim is satisfied when a licensed physician...

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