Hicks v. U.S.
| Decision Date | 21 April 1975 |
| Docket Number | No. 73--1929,73--1929 |
| Parties | Hazel Morgan HICKS et al. v. UNITED STATES of America, Appellant. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Michael G. Scheininger, Asst. U.S. Atty., with whom Earl J. Silbert, U.S. Atty., John A. Terry and Derek I. Meier, Asst. U.S. Attys., were on the brief for appellant. Harold H. Titus, Jr., U.S. Atty. at the time the record was filed, also entered an appearance for appellant.
George W. Shadoan, Rockville, Md., for appellees.
Before FAHY, Senior Circuit Judge, and McGOWAN and TAMM, Circuit Judges.
Opinion for the Court filed by Senior Circuit Judge FAHY.
Plaintiffs in the District Court, appellees in this court, are co-administratrices of the estate of Corinne Morgan, deceased. They sued the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671, 1 and also under the District of Columbia survival statute, 12 D.C.Code § 101. The complaint attributed the death of Corinne Morgan to the negligence of St. Elizabeths Hospital (the Hospital) as agent of the United States. She was killed by her husband, Joseph Morgan, who had been a patient at the Hospital, and who shot her after he had been given his liberty in circumstances, allegedly, of negligence on the part of the Hospital which were a proximate cause of the homicide. The case was tried by Judge Curran of the District Court without a jury, and resulted in a judgment for plaintiffs of $90,000 under the Federal Tort Claims Act, and of $10,000 under the survival statute. Hicks v. United States, 357 F.Supp. 434 (D.D.C.1973). The amount of the judgment is not challenged. It is the liability of the United States that is in question. We affirm.
Morgan for many years had been a heavy drinker. Prior to the homicide he had been arrested for drunkenness, disorderly conduct or assault at least sixteen times between 1957 until the homicide in 1967. His wife had been the complainant on eight of these occasions. On July 11, 1966, she obtained a warrant for his arrest for assault upon her on July 7. In the affidavit which was the basis for the warrant she averred that she had been kicked, choked and beaten by him and that he had also threatened to murder her. According to her statement, Morgan was intoxicated at the time. He was arrested July 12 and arraigned the same day in the Court of General Sessions of the District of Columbia, superseded now by the Superior Court of the District of Columbia. The court committed him to the District of Columbia General Hospital to determine his competency. On August 11, that hospital reported to the Court of General Sessions in considerable detail. 2 The report stated that Morgan was suffering from 'a moderately severe organic brain syndrome,' and that '(t) his condition is due to actual brain damage, and is probably a result of prolonged, excessive drinking.' 357 F.Supp. at 436. The report also stated:
It is our opinion that the patient's mental impairment is such that he is not yet ready to function in society. This type of brain condition sometimes clears with the passage of time, good diet, and absolute abstinence from alcohol. We therefore think it would be important for him to receive further treatment and hospitalization, and recommend that he be committed to St. Elizabeths Hospital for the same. It is also our recommendation that he be given psychological tests in one month, and then again in six months (whether in the hospital or not) to see if there is any change in his mental condition.
functioning, probably able to assist counsel in his defense and competent to stand trial.' Id. The court, however, found him incompetent to stand trial and on August 12, 1966, committed him again, this time to St. Elizabeths.
drunk in house, disorderly and assault. Mrs. Morgan reports that although patient (Morgan) has been drinking heavily for the past 12--15 years, his behavior had become much more unbearable in the past few years.
The informant (Mrs. Morgan) is contemplating separation or divorce as she does not wish to live again with the patient . . ..
. . . patient's family can definitely not be used as a community resource as they are afraid of him and are not interested in having him back in the home.
(The) relationship (between Morgan and Mrs. Morgan) is estimated to have been quite destructive for marital partners.
The Clinical Record shows also that a 'Psychological Summary' was made October 25, 1966, by Dr. Borriello at the request apparently of the ward in which Morgan was living at the Hospital. It contains the following under the heading 'General Impression':
Outstanding in the test results is organic brain damage due to the effects of a long history of alcohol consumption. Inner resources for the effective and efficient solution of every day problems are lacking. Stressful situations can bring on emotionally labile acting out aggressive behavior.
Women pose a threat to him and he does not have adequate understanding of his feelings, needs and desires in relation to them. He places insatiable demands upon them that they could never satisfy and which could result in him a violent rage that he could possibly act out.
In general the projective test protocols are confirmatory of the general impression.
On October 26, 1966, the Clinical Record, moreover, contains a report of his 'Psychiatric Case Study.' It states, inter alia:
On July 7, 1966, the patient's wife called the police complaining that he was drunk and had been beating, choking and kicking her and had threatened to kill her. This was the eighth time Mrs. Morgan had him arrested for similar reasons.
Mr. Morgan has had at least 16 arrests since 1957, at which time he was 31 years old, for being drunk and disorderly or assault. In eight of these his wife was the complainant.
The marriage was fraught with problems almost from the start, with a couple relating to each other in a mutually destructive manner. The patient has been drinking excessively now for approximately 15 years.
This study, made by a Senior Psychiatric Resident, and signed by the Clinical Director of the West Side Division of the Hospital, 3 refers to the report of the District of Columbia General Hospital as revealing
The study further states,
There was no evidence of an underlying psychosis. . . . Psychological testing revealed marked evidence of (There was) no evidence of hallucinations or delusions. He remained oriented in all spheres, showed appropriate affect, and posed a problem only in the assessment of memory loss in the presence of such massive denial. He has a tendency to be impulsive and react quickly when angry.
organicity and personality factors consistent with alcoholism.
On October 27, 1966, the same Senior Psychiatric Resident made a 'Recommendation for Diagnosis and Discharge to Court.' This report was a virtually verbatim recital of the previous day's study, except it concluded in the following language:
. . . Those who know him best feel that he is ready soon to return to Court for trial.
Recommended Diagnosis: 02.1 Acute Brain Syndrome Associated with Alcohol Intoxication. (Recovered).
Recommendations: In our Opinion,
1. He is mentally competent to stand trial.
2. On or around July 9, 1966, he was suffering from a mental disorder, acute brain syndrome due to alcohol intoxication, from which he has now recovered, and the alleged offense with which he is charged, if committed by him, was a product of his illness.
Condition on Discharge: Recovered.
Shortly before Morgan was released from St. Elizabeths in January, 1967, he was visited by his wife, one of his sons, his daughter (one of the appellees) and her husband.
According to testimony given by the daughter at trial, Morgan began,
The son's testimony at trial supported this account and added that he had accompanied his mother, immediately after the incident, when she sought assurances from an employee of the Hospital that she would be notified if her husband was released, or if she would have to go to court.
On January 30, 1967, Morgan was discharged by the Hospital as recovered, to appear in court. Mrs. Morgan did not appear and a nolle prosequi was entered. A copy of the case jacket of the Court of General Sessions which is before us---the original we are advised has been lost--bears a stamped legend, 'Jan 30 1967 Nolle Prosequi in Open Court.' A nolle prosequi did not require the court's approval and none is indicated. 4 The following The letter referred to as 'from St. Eliz. Hosp.' was from the then Superintendent of St. Elizabeths, dated December 19, 1966, addressed to the Clerk of the Criminal Division of the District of Columbia Court of General Sessions, and reads as follows:
in handwriting also appears on the jacket: 'See Letter attached from St. Eliz. Hosp. Set for hearing 1--19--67,' a stamped 'Jan 19 1967' and a handwritten 'C 1/26/67 Return to Hospital.' These entries indicate that the case had been set for hearing January 19, was on that day...
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