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WILSON v. SHUMWAY

No. 00-1722.

264 F.3d 120 (2001)

David WILSON, Plaintiff, Appellant, v. Donald SHUMWAY in his official capacity as Commissioner of the New Hampshire Department of Health and Human Services, Paul Gorman in his official capacity as Director of the Division of Behavioral Health Services, Chester Batchelder in his official capacity as Superintendent of the New Hampshire Hospital, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 10, 2001.

Attorney(s) appearing for the Case

Pamela Jermyn-Kaley, with whom Ronald K. Lospennato, were on brief, for appellant.

Daniel J. Mullen, with whom Philip T. McLaughlin, Attorney General and Andrew B. Livernois, Assistant Attorney General, were on brief, for appellees.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and STAHL, Senior Circuit Judge.

TORRUELLA, Circuit Judge.

Appellant David Wilson sued various officials in charge of New Hampshire's mental health system alleging constitutional and statutory violations relating to the authority of his court-appointed guardian to approve the administration of anti-psychotic drugs without Wilson's consent. On a motion for summary judgment, the district court dismissed the suit for lack of subject matter jurisdiction, citing the Rooker-Feldman doctrine. We...

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