Hartmann v. Scott

• Decision Date: 06 December 1973
• Docket Number: No. 72-1692.,72-1692.
• Citation: 488 F.2d 1215
• Parties: John J. HARTMANN, Individually, and on behalf of all others similarly situated, Appellant, v. George M. SCOTT, Individually, and as County Attorney for the County of Hennepin, et al., Appellees.
• Court: U.S. Court of Appeals — Eighth Circuit

488 F.2d 1215 (1973)

John J. HARTMANN, Individually, and on behalf of all others similarly situated, Appellant, v. George M. SCOTT, Individually, and as County Attorney for the County of Hennepin, et al., Appellees.

No. 72-1692.

United States Court of Appeals, Eighth Circuit.

Submitted September 10, 1973.

Decided December 6, 1973.

Lynn S. Castner, Minneapolis, Minn., for appellant.

Craig R. Anderson, Special Asst. Atty. Gen., St. Paul, Minn., for appellees.

Before HEANEY, STEPHENSON and WEBSTER, Circuit Judges.

WEBSTER, Circuit Judge.

John J. Hartmann appeals from an order of the District Court denying his motion to convene a three-judge court to consider his challenge to the constitutionality of certain provisions of the Minnesota statute adopting the Interstate Compact on Mental Health; dismissing defendants-appellees Hursh, Sheppard and Lightburn for failure of appellant to exhaust state remedies; denying appellant's motion for a preliminary injunction; and striking all class action allegations.¹

This case presents for our consideration, in light of Preiser v. Rodriguez, 411 U.S. 475, 93 S.Ct. 1827, 36 L.Ed.2d 439 (May 7, 1973), whether one in custody may avail himself of the Civil Rights Act, 42 U.S.C. § 1983, to challenge the constitutionality of portions of a statute which is the basis for his confinement.

Hartmann was originally civilly committed to the Minnesota Security Hospital by the State of Minnesota on November 1, 1951, as mentally ill and dangerous. In 1967 he unsuccessfully challenged his commitment in State ex rel. Hartmann v. Lund, 277 Minn. 398, 152 N.W.2d 514 (1967), cert. denied, 390 U.S. 967, 88 S.Ct. 1078, 19 L.Ed.2d 1171 (1968).² After experiencing a series of coronary seizures, Hartmann was temporarily transferred to Anoka State Hospital, from which he escaped on April 14, 1970.

Acting on an order issued by Minnesota Probate Judge Melvin Peterson, Hartmann was apprehended September 18, 1970 by police in New Mexico, where he had resided without incident and without hiding his identity following his escape in Minnesota. He thereupon brought an action for habeas corpus in a New Mexico state court, pursuant to which a complete psychiatric examination was conducted. A hearing was held at which the State of Minnesota was represented by a Minnesota psychiatrist and by defendant-appellee Gaffney, who appeared as a special prosecutor. Finding Hartmann to be sane and safe to be at large, on December 18, 1970 the New Mexico court ordered him released.

Early in January, 1971, Hartmann was arrested and jailed in Littleton, Colorado on a misdemeanor charge. He was represented by two Colorado public defenders but was never brought before the court. On or about January 11, 1971, Deputy Sheriffs from Hennepin County, Minnesota at the direction of defendants-appellees Scott and Gaffney transported Hartmann against his will and without a hearing from Colorado to Minnesota. There, Minnesota health officials (defendants-appellees Hursh, Sheppard and Lightburn) reincarcerated him in the Minnesota Security Hospital, where he remains. The Deputy Sheriffs acted pursuant to a second order of apprehension issued by Minnesota Probate Judge Peterson after the New Mexico decree of sanity and release. Judge Peterson's order was predicated on Minnesota Department of Public Welfare Regulations VII-7222 and VII-7223³ and on Articles V and VI of the Interstate Compact on Mental Health, Minn. Stat.Ann. § 245.51 (1971),⁴ of which Minnesota, New Mexico, Colorado, and approximately 37 other states are member-parties.

Hartmann filed a class action in the United States District Court in Minnesota alleging deprivation of his civil rights in violation of 42 U.S.C. § 1983 and conspiracy to deprive him of his civil rights in violation of 42 U.S.C. § 1985(2) and (3) and § 1986.⁵ His complaint named as defendants George M. Scott, individually and as County Attorney for the County of Hennepin; James Gaffney, individually and as Assistant County Attorney for the County of Hennepin; John W. Haack, individually and as Deputy Sheriff and Jailer for the Littleton Jail, County of Arapahoe, State of Colorado; Morris Hursh, individually and as Commissioner of the Minnesota State Department of Public Welfare; Charles Sheppard, individually and as Medical Director of the Minnesota Security Hospital; William Lightburn, individually and as Administrator of the Minnesota Security Hospital; and John Doe, Richard Roe and Mary Hoe.

The Relief Sought. Hartmann requested that a three-judge court be convened pursuant to 28 U.S.C. §§ 2281 and 2284 on the ground that the relief sought was an injunction against the enforcement of the state statute adopting the Interstate Compact and the Minnesota regulations as well as a declaratory judgment that the statute and regulations are unconstitutional, facially and as applied. In addition, Hartmann asked for a declaratory judgment pursuant to Fed.R.Civ.P. 81(b) on the binding nature of the New Mexico decree and on the unconstitutionality of defendants' transportation of him from Colorado to Minnesota. He further sought an order in the nature of mandamus requiring the named defendants to discharge him from the Minnesota Security Hospital and to provide him free transportation back to Littleton, Colorado, and monetary damages ($1.00 plus costs and attorneys' fees) against defendants Scott and Gaffney, who allegedly conspired to deprive him of his constitutional rights.

Action by Trial Court. In an unpublished memorandum, Judge Lord ordered stricken all references to class representation because there was (a) no definition of the class represented, (b) no allegation that the class was so numerous that all members could not be joined and (c) no indication that Hartmann would be a proper representative of a class. He then sustained a motion to dismiss defendants Hursh, Sheppard and Lightburn, holding that the action was in reality a habeas corpus action and that Hartmann had failed to exhaust his state remedies; and Judge Lord likewise denied the request for a three-judge court, holding that the provisions of §§ 2281 and 2284 do not apply to habeas corpus. However, he overruled the motion for summary judgment by defendants Scott and Gaffney, against whom Hartmann sought only nominal damages.

I

Since appellees contend that the trial court's order dismissing some, but not all of the defendants, was not appealable, we turn first to a consideration of our jurisdiction to entertain this appeal.

As a result of the trial court's order only Scott and Gaffney remain as defendants. Against them Hartmann seeks $1.00 in damages for transporting him from Littleton, Colorado to St. Peter, Minnesota, under circumstances which he contends deprived him of his constitutional rights under color of state law. The trial court made no express determination that there was no just reason for delay. Its order is therefore not a final judgment and, under ordinary circumstances, would not be appealable. Fed.R.Civ.P. 54(b); 28 U.S.C. § 1291.

Nor does it follow that because Hartmann sought injunctive relief against defendants Hursh, Sheppard and Lightburn the appeal must be entertained as an appeal from an interlocutory order refusing an injunction. See 28 U.S.C. § 1292(a)(1). The trial court's order did not dispose of any of the demands for injunctive relief. It did result in the dismissal of the defendants who, as state officials would be necessary parties in an action to enjoin enforcement of a state law, and thereby precluded the designation of a three-judge court with authority to grant such injunctive relief. 28 U.S.C. § 2281.

Appellate jurisdiction under the three-judge court statute has been described as "so complex as to be virtually beyond belief." ALI Study of the Division of Jurisdiction Between State and Federal Courts 332 (1969). It has been well established, however, that a Court of Appeals has jurisdiction to review a District Court's refusal to convene a three-judge court. Schackman v. Arnebergh, 387 U.S. 427, 87 S.Ct. 1622, 18 L.Ed.2d 865 (1967); Idlewild Bon Voyage Liquor Corp. v. Epstein, 370 U.S. 713, 82 S.Ct. 1294, 8 L.Ed.2d 794 (1962); Firkins v. State of Colorado, 434 F.2d 1232 (10th Cir. 1970);⁶ McMillan v. Board of Education of State of New York, 430 F.2d 1145, 1148 (2d Cir. 1970); Gold v. Lomenzo, 425 F.2d 959 (2d Cir. 1970).

In this case, the court did not directly pass upon the question "whether the constitutional issue raised is substantial, whether the complaint at least formally alleges a basis for equitable relief, and whether the case presented otherwise comes within the requirements of the three-judge statute." Idlewild Bon Voyage Liquor Corp. v. Epstein, supra 370 U.S. at 715, 82 S.Ct. at 1296.

Instead, the trial court addressed itself to the motion of Hursh, Sheppard and Lightburn to dismiss the complaint on the grounds that the complaint as to them was in the nature of a habeas corpus petition and that Hartmann had not exhausted state court remedies. The court held that because Hartmann was "attacking the legality of his detention" his civil rights action was a plea for habeas corpus relief in disguise. Accordingly, he granted the motion to dismiss without expressly ruling upon Hartmann's request to designate a three-judge court.

We conclude from this procedural background that we have jurisdiction to hear this appeal for two reasons. First, we perceive no practical difference in terms of our power to review under Schackman, supra, between a formal order denying the motion to designate a three-judge court and the situation presented in this case by dismissal of the parties defendant necessary to the maintenance of a three-judge case. If in fact a substantial constitutional question has been presented, the single trial judge has no authority to dismiss the case. 28 U.S.C. § 2284(5). Snyder's Drug Stores v. Taylor, 227 F.2d 162 (8th Cir. 1955). See Aaron v. Cooper, 261 F.2d 97,...