Croft v. Harder, 90-3036
| Decision Date | 13 March 1991 |
| Docket Number | No. 90-3036,90-3036 |
| Citation | 927 F.2d 1163 |
| Parties | Lynwood A. CROFT, Plaintiff-Appellant, v. Robert C. HARDER, Secretary, Social and Rehabilitation Services, Gerald T. Hannah, Commissioner, Mental Health & Retardation Services, George W. Getz, Superintendent, Larned State Hospital, Hildreth Hultine, St. Joseph Hospital, Larned State Security Hospital, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Lynwood A. Croft, pro se.
Michael George, Associate General Counsel, Chief of Litigation, Dept. of Social and Rehabilitation Services, Topeka, Kan., for defendants-appellees.
Before McKAY, SEYMOUR, and EBEL, Circuit Judges.
Plaintiff-appellant Lynwood A. Croft brought this action seeking monetary damages against several individual defendants and Larned State Security Hospital for alleged violations of various constitutional rights during his confinement in Larned State Hospital and Larned State Security Hospital from August 26, 1982, through December 10, 1984. Following Croft's motion to amend his complaint and defendants' joint motion for summary judgment, the district court granted Croft's motion in part but granted defendants' motion for summary judgment on all claims. 730 F.Supp. 342. Croft subsequently filed a motion for reconsideration which the district court denied. Croft's timely notice of appeal followed. 1
Although it is unclear from his briefs which issues Croft contends were wrongly decided, we liberally interpret his pro se appeal to challenge all issues presented below, as required by Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972). Tucker v. Makowski, 883 F.2d 877, 878 (10th Cir.1989). Our standard of review is de novo; we apply the same standard as the district court on summary judgment: whether any genuine issue of material fact is in dispute, and, if not, whether the moving party should prevail as a matter of law. Applied Genetics Int'l, Inc. v. First Affiliated Sec., Inc., 912 F.2d 1238, 1241 (10th Cir.1990).
We agree with the district court that the eleventh amendment bars this section 1983 suit against Larned State Security Hospital and against the individual defendants in their official capacities. See Will v. Michigan Dep't of State Police, 491 U.S. 58, 66-67, 70-71, 109 S.Ct. 2304, 2309, 2311, 105 L.Ed.2d 45 (1989). Following our review of the record and appellate briefs, we conclude that the individual defendants are shielded from liability by qualified...
To continue reading
Request your trial
-
Marshall v. Columbia Lea Regional Hosp.
...we liberally interpret his appeal to challenge all issues presented below that are addressed in his appellate briefs. Croft v. Harder, 927 F.2d 1163, 1164 (10th Cir.1991) (citing Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972) (per II. Analysis This Court reviews the dis......
-
Berry v. City of Phillipsburg, Kan.
...Croft v. Harder, 730 F.Supp. 342, 353 (D.Kan.1989) (personal participation sufficient but not necessary under § 1983), aff'd, 927 F.2d 1163 (10th Cir.1991). Personal participation in the deprivation of a federal right may be found in the actor's acquiescence in the illegal action, see Meade......
-
McDermott v. Zions First Nat. Bank, N.A.
...Setliff v. Memorial Hosp. of Sheridan County, 850 F.2d 1384, 1391-92 (10th Cir.1988). Our review is de novo. Croft v. Harder, 927 F.2d 1163, 1164 (10th Cir.1991). In this case there are no facts in dispute and we find that the district court was correct that Zions' lien had priority over th......
- Money v. Great Bend Packing Co., Inc.