Croft v. Harder

• Decision Date: 09 November 1989
• Docket Number: Civ. A. No. 86-1692-T.
• Citation: 730 F. Supp. 342
• Parties: Lynwood A. CROFT, Plaintiff, v. Robert C. HARDER, Secretary, Social and Rehabilitation Services, et al., Defendants.
• Court: U.S. District Court — District of Kansas

730 F. Supp. 342

Lynwood A. CROFT, Plaintiff, v. Robert C. HARDER, Secretary, Social and Rehabilitation Services, et al., Defendants.

Civ. A. No. 86-1692-T.

United States District Court, D. Kansas.

November 9, 1989.

COPYRIGHT MATERIAL OMITTED

Allan H. Bell, North Kansas City, Mo., and Robert Miller, Kansas City, Kan., for plaintiff.

Michael George, Legal Services, State Dept. of Social and Rehabilitation Services, Topeka, Kan., for defendants.

MEMORANDUM AND ORDER

THEIS, District Judge.

This matter is before the court on the defendants' motion for summary judgment and the plaintiff's motion to amend the complaint. Plaintiff's first amended complaint alleges claims under the Sixth and Fourteenth Amendments to the Constitution, and under 42 U.S.C. §§ 1983, 9501. Specifically, plaintiff's complaint alleges that he was deprived of life, liberty, or property without due process of law and was denied equal protection of the law. Plaintiff seeks an award of actual and punitive damages.

The defendants named in the first amended complaint are: Robert C. Harder, Secretary, Social and Rehabilitation Services; Gerald T. Hannah, Commissioner, Mental Health and Retardation Services; George W. Getz, Superintendent, Larned State Hospital; Hildreth Hultine, Superintendent, Larned State Hospital; and Larned State Security Hospital. Plaintiff's claims arise out of the plaintiff's confinement in the Larned State Hospital (State Hospital) and the Larned State Security Hospital (Security Hospital) from August 26, 1982 through December 10, 1984. Plaintiff alleges that he was deprived of his liberty interest in appropriate treatment in a setting and under conditions most supportive of his personal liberty; that he was denied placement in an alcohol treatment program as a reprisal for exposing unlawful conditions at the State Hospital and for his attempts to participate in the selection of a treatment program; that he was deprived of his right to send and receive mail and to communicate with his attorney; and that he was deprived of his liberty by being detained at the State Hospital.

The court is familiar with the standards governing the consideration of a motion for summary judgment. The Federal Rules of Civil Procedure provide that summary judgment is appropriate when the documentary evidence filed with the motion "shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). A principal purpose "of the summary judgment rule is to isolate and dispose of factually unsupported claims or defenses...." Celotex Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986). The court's inquiry is to determine "whether there is the need for a trial — whether, in other words, there are any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986).

The burden at the summary judgment stage is similar to the burden of proof at trial. The court must enter summary judgment "against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex, 477 U.S. at 322, 106 S.Ct. at 2552. The moving party bears the initial burden of demonstrating the absence of a genuine issue of material fact on its claim(s). Rule 56, however, imposes no requirement on the moving party to "support its motion with affidavits or other similar materials negating the opponent's claim." Id. at 323, 106 S.Ct. at 2553 (emphasis in original). Once the moving party has properly supported its motion for summary judgment, the non-moving party may not rest upon mere allegations or denials, but must set forth specific facts showing a genuine issue for trial, relying upon the types of evidentiary materials contemplated by Rule 56. Fed.R. Civ.P. 56(e). Each party must demonstrate to the court the existence of contested facts on each claim it will have to prove at trial. Celotex, 477 U.S. at 324, 106 S.Ct. at 2553. The court reviews the evidence on summary judgment under the substantive law and based on the evidentiary burden the party will face at trial on the particular claim. Anderson, 477 U.S. at 254, 106 S.Ct. at 2513.

For the purposes of the motion for summary judgment, the following facts are uncontroverted:

1. The plaintiff, Lynwood A. Croft, was originally committed to the Larned State Security Hospital on May 19, 1980 by the Sedgwick County District Court following a finding that he was not guilty by reason of insanity to one count of aggravated battery and one count of rape stemming from an incident which occurred on July 14, 1979.

2. After approximately one year in treatment at the Security Hospital, the plaintiff was administratively transferred to the Topeka State Hospital on July 13, 1981, pursuant to K.S.A. 22-3428. The plaintiff remained at Topeka State Hospital until March 11, 1982, when the Sedgwick County District Court granted him a conditional release.

3. One of the conditions of plaintiff's release by the Sedgwick County District Court was that the plaintiff should continue psychiatric treatment on an outpatient basis in the State of Texas.

4. In August of 1982, the Assistant Sedgwick County District Attorney filed an application to revoke the plaintiff's conditional release, alleging that plaintiff had violated the terms and conditions of his release. Thereafter, the plaintiff was committed to the Security Hospital on August 11, 1982 by an order of the Sedgwick County District Court pursuant to K.S.A. 22-3428.

5. On March 21, 1983, the plaintiff filed a written application for an annual insanity review hearing in the Pawnee County District Court. After proper continuances, plaintiff was provided an annual insanity review hearing on June 27, 1983.

6. Following the June 27, 1983 hearing, the Pawnee County District Court asked counsel to present closing arguments in writing. William Rein, counsel for the State Hospital, argued in his closing that the hospital had no objection to plaintiff receiving treatment at a comprehensive inpatient treatment facility such as the Parallax Drug Program, Inc., in Wichita, Kansas. Rein argued that plaintiff had refused to cooperate in placement in such a facility and that the staff could not complete his placement without plaintiff's cooperation. Rein concluded that since the plaintiff was unwilling to take part in the program on an involuntary basis, the plaintiff should remain at the Security Hospital until such time as the staff felt he would not be a danger to himself or others.

7. The court had the matter under advisement until August 24, 1983. On that date, the Honorable C. Phillip Aldrich issued a Memorandum Opinion.

8. Judge Aldrich's order provided:

NOW ON THIS 24th day of August, 1983, the Court would find that petitioner plaintiff is in need of further care and treatment for the reason that he remains dangerous to himself and others. Petitioner's addiction problem, however, will not be helped by his further treatment at the Larned State Security Hospital.

J.W. Leisy, M.D. stated "I think he has made good progress at Larned State Security Hospital, and at present, think he could function as an out-patient if conditions of his probation are that out-patient psychotherapy are mandatory."

This Court would modify the finding of dangerousness upon the petitioner's voluntary admission to a three to four month in-patient treatment facility.

This Court would then seriously consider placing petitioner in an out-patient program if petitioner successfully completes the in-patient program.

IT IS SO ORDERED.

The parties disagree over the meaning of this order. This disagreement forms the basis of this action.

9. After the issuance of the August 24, 1983 order, William Rein, counsel for the State Hospital, became concerned as to what the Hospital's duty was with respect to the court's order. Rein contacted Judge Aldrich and plaintiff's attorney Jane Isern, for a clarification concerning the order. Rein, Isern, and Judge Aldrich agreed that it would be plaintiff's responsibility to find a suitable treatment facility that met the conditions set forth in the court's order. Plaintiff does not controvert this statement; he asserts, however, that this agreement did not relieve the Hospital of its duty to use reasonable care to perform release planning services for plaintiff at such time as plaintiff indicated a willingness to attend a suitable program. This claim is not specifically alleged in the complaint, but is subsumed in the alleged right to treatment in the least restrictive environment.

10. The Hospital was not obligated to release plaintiff until such time as he had been accepted into a program and the court had approved the same. Plaintiff does not controvert this statement, but he adds that the Hospital's release planning duty began when plaintiff indicated to the Hospital that he wished to attend a program.

11. After the issuance of the August 24, 1983 order, the plaintiff made a number of conflicting representations to the staff of the State Hospital. On a number of occasions the plaintiff was uncooperative for treatment and indicated that he did not desire treatment. He additionally indicated that he was more interested in pursuing appeals with respect to Judge Aldrich's order. On other occasions, plaintiff stated that he was interested in treatment. Plaintiff has denied that he was uncooperative, but has set forth no specific facts to the contrary.

12. At no time did the State Hospital staff prevent or deprive plaintiff from contacting his attorneys. Progress notes show that plaintiff was given an opportunity to contact a variety of counsel.

13. On January 10, 1984, the...