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PATTEN v. NICHOLS

No. 00-2503.

274 F.3d 829 (2001)

Thomas Edward PATTEN, III, Administrator of the Estate of Maura K. Patten, Plaintiff-Appellant, v. Stephen NICHOLS, MD; June Frinks, MSW, Defendants-Appellees, and L.F. Harding; Jack W. Barber, MD; Robert Leadbetter, MD; Jon R. Hammersberg, MD, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided December 18, 2001.

Attorney(s) appearing for the Case

ARGUED: Stephen Winston Bricker, Bricker & Herring, P.C., Richmond, Virginia, for Appellant. Colin James Steuart Thomas, III, Timberlake, Smith, Thomas & Moses, P.C., Staunton, Virginia, for Appellees. ON BRIEF: Michael N. Herring, Bricker & Herring, P.C., Richmond, Virginia; Rebecca K. Glenberg, American Civil Liberties Union of Virginia Foundation, Inc., Richmond, Virginia, for Appellant. Randall T. Perdue, Timberlake, Smith, Thomas & Moses, P.C., Staunton, Virginia, for Appellees.

Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.

Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Judge GREGORY joined.

OPINION

TRAXLER, Circuit Judge.

Maura Patten, a psychiatric patient, died while she was involuntarily committed to Virginia's Western State Hospital ("WSH"). The representative of Maura's estate (the "Estate") brought an action under 42 U.S.C.A. § 1983 (West Supp. 2001) against Maura's doctor, Appellee Stephen Nichols,...

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