Stamus v. Leonhardt

• Decision Date: 28 May 1976
• Docket Number: Civ. No. 73-126-2.
• Citation: 414 F. Supp. 439
• Parties: Dorothy Lorraine STAMUS and Lynne Marie Stamus, Plaintiffs, v. Frank W. LEONHARDT et al., Defendants, United States of America, Plaintiff-Intervenor, State of Iowa, Defendant-Intervenor.
• Court: U.S. District Court — Southern District of Iowa

414 F. Supp. 439

Dorothy Lorraine STAMUS and Lynne Marie Stamus, Plaintiffs, v. Frank W. LEONHARDT et al., Defendants, United States of America, Plaintiff-Intervenor, State of Iowa, Defendant-Intervenor.

Civ. No. 73-126-2.

United States District Court, S. D. Iowa, C. D.

May 28, 1976.

COPYRIGHT MATERIAL OMITTED

Gordon E. Allen, Leslie Babich and David R. Rasey, Des Moines, Iowa, for plaintiffs.

Ray A. Fenton, County Atty., Charles S. Crook, III, Asst. County Atty., Des Moines, Iowa, for defendants.

Allen L. Donielson, U. S. Atty., Paul A. Zoss, Asst. U. S. Atty., Des Moines, Iowa, for plaintiff-intervenor USA.

Richard C. Turner, Atty. Gen., Stephen C. Robinson and Theodore R. Boecker, Asst. Attys. Gen., Des Moines, Iowa, for defendant-intervenor.

ORDER FOR DECLARATORY JUDGMENT

HANSON, Chief Judge.

In June of 1972, plaintiffs Dorothy Lorraine Stamus and Lynne Marie Stamus were taken into custody due to alleged mental illness and detained involuntarily at Broadlawns Polk County Hospital pursuant to the then-existing Iowa civil commitment laws.¹ Approximately one year later, the Stamuses filed this action attacking the constitutionality of the Iowa involuntary hospitalization statutes for the mentally ill, as well as the constitutionality of the practices to which they were subjected by defendant Polk County officials. In light of plaintiffs' prayer for permanent injunctive relief regarding an Iowa statute, a three-judge court was convened in this case under 28 U.S.C. §§ 2281 and 2284 (1970). A new civil commitment law for the involuntary treatment of the mentally ill in Iowa became effective January 1, 1976, however, and the prayer for permanent injunctive relief has become moot. This cause has since been remanded to one judge for a declaratory judgment as to the constitutionality of Chapters 228 and 229 of the Iowa Code, 1975, hereinafter referred to as the Code. Plaintiffs' complaint is based on 42 U.S.C. § 1983; this Court has subject matter jurisdiction under 28 U.S.C. § 1343(3).

In addition to challenging the constitutionality of the former Iowa civil commitment laws, the Stamuses seek monetary damages as a result of their detention in Broadlawns Polk County Hospital in June of 1972. This action was originally brought against Richard Preston, Roscoe Riemenschneider, Lois Moody, Frank W. Leonhardt, Charles Ingersoll, the Broadlawns Polk County Hospital, and the Hospitalization Commission for Polk County, Iowa, hereinafter referred to as the Polk County defendants.

Defendants Richard Preston and Roscoe Riemenschneider are currently members of the Hospitalization Commission for Polk County, Iowa, and were members at the time of the events alleged in plaintiffs' amended complaint. Defendant Lois Moody, a deputy clerk of the Polk County District Court, was designated by defendant Frank W. Leonhardt, Clerk of the Polk County District Court, to act in his place as a member of the hospitalization Commission at the time in question. Defendant Charles Ingersoll has at all pertinent times been the administrator of Broadlawns Polk County Hospital, the Hospital which initially receives most persons involuntarily hospitalized as mentally ill in Polk County. By an order of December 16, 1974, defendants Broadlawns Polk County Hospital and the Polk County Hospitalization Commission were dismissed as not being "persons" capable of being sued under 42 U.S.C. § 1983. By an order of February 28, 1975, current members of the Hospitalization Commission, Charles Hintz, M.D., Dring D. Needham, and deputy clerk Donna Fitzgerald were added as defendants.²

Due to the importance of the legal issues involved, the Court granted the United States of America leave to intervene as plaintiff in order to represent the public interest in obtaining a ruling on the constitutionality of the hospitalization procedures of Chapters 228 and 229. Shortly thereafter, the State of Iowa moved to intervene as a defendant and the Court granted this motion on March 31, 1975.

Since not all the parties are interested in the issues of individual liability to the Stamuses and possible monetary damages, the parties requested at a pretrial hearing on February 12, 1975, that the Court rule initially on the constitutional issues presented in the case, with the issues of individual liability and damages to be resolved later at a jury trial. The Court acquiesced, and pursuant to this understanding the parties have conducted extensive discovery by way of requests for admissions, interrogatories and depositions.

The matter now before the Court is plaintiffs' motion for partial summary judgment under Rule 56, F.R.Civ.P., or for judgment on the pleadings under Rule 12(c), and on defendants' motion to dismiss. While some factual disputes still exist as to the particular circumstances surrounding the involuntary confinement of the Stamuses, these facts bear mostly on the issues of individual liability and monetary damages. To the extent they intrude upon the constitutional law, the Court's ruling will be restricted. Those factual disputes that do exist are not sufficient to prevent the Court from now ruling on the constitutionality of Chapters 228 and 229 of the Code.

FACTUAL BACKGROUND³

The Iowa statutory scheme under attack permitted the various county hospitalization commissions to involuntarily hospitalize persons within that county who were alleged to be mentally ill. Chapter 228 of the Code established a hospitalization commission in each of the State's counties; Chapter 229 set forth the procedures for the commitment and discharge of mentally ill persons.

Each Iowa county was to establish a three-member commission of hospitalization which had local jurisdiction over most applications for admissions and commitments to the state hospitals for the mentally ill. Iowa Code § 228.1, § 228.8. The major exception to the commissions' jurisdiction was for persons held under criminal charges. Iowa Code § 228.8. The members of the commission were to include the clerk of the district court, a "reputable" practicing physician and a "reputable" practicing lawyer, with the latter two being appointed by the district court for a term of two years. Iowa Code § 228.2, § 228.3.

Involuntary hospitalization of an individual was instituted by the filing of a sworn information which had to allege that the person (hereinafter referred to as the subject) was "believed to be mentally ill, and a fit subject for custody and treatment" in a state hospital. Iowa Code § 229.1. "Mental illness" was defined as "every type of mental disease or mental disorder." Iowa Code § 229.40. The information also had to include where the subject could be located within the county and his or her address, if known. Any person could file a sworn information.

Upon the filing of a proper information, the hospitalization commission then had to determine whether there was reasonable cause to believe the allegations of mental illness contained therein, and, if satisfied, the commission could order the subject brought before it for a hearing. Iowa Code § 229.2. To this end, the commission could provide for and order custody of the subject until its investigation was concluded. Iowa Code § 229.2. The presence of the subject at the hearing was required, unless it was determined that "such course would probably be injurious to such person or attended with no advantage." Iowa Code § 229.4. The subject was also to be informed of the right to counsel, and, if indigent, that the court would appoint counsel. Iowa Code § 229.5.

Prior to the hearing, the commission would appoint a physician to examine the subject and certify to whether the person in question was in good mental health or mentally ill. Iowa Code § 229.6; see Iowa Code § 229.7. The physician could be a member of the commission or outside the commission's membership. The examining physician's report could be considered at the hearing and the commission could also consider other evidence regarding the person's mental health. The commission was empowered to issue subpoenas and administer oaths. Iowa Code § 229.3.

The commission then determined whether it would be "in the best interests of the person to be examined at a state mental health institute." Iowa Code § 229.9. If such a finding was made, the commission ordered the person "admitted" to the screening center at the hospital in the district nearest to the county. A person was thereafter "committed" to a hospital only upon recommendation of the superintendent of the hospital at which the screening center was located. If a recommendation of commitment was made, the commission could order the person's commitment upon hearing pursuant to §§ 229.2, 229.3, 229.4 and 229.5. Iowa Code § 229.9.

A person had the right to appeal from the commission's finding or could file a habeas corpus action. Iowa Code § 229.17, § 229.37. A person could also request a commission of inquiry, alleging that he or she was not mentally ill and was being unjustly deprived of his or her liberty. §§ 229.31-229.35, Iowa Code.

As far as the record reflects, the statutory scheme as set out under Chapters 228 and 229 of the Iowa Code was not significantly enlarged upon or modified by the procedures of the Polk County Hospitalization Commission. The Code is imprecise in relation to certain key matters, however, and local implementation is necessary. The commitment process was initiated by the filing of a sworn information in the office of the Polk County deputy clerk assigned to the commission. The commission had no written guidelines to be followed in screening the applications, other than the requirement of § 229.1. Once an information was filed, the commission's usual practice was to have the information signed by the deputy clerk and a second commission member. Prior to any hearing, the commission usually had the subject taken into custody and evaluated as to his or her mental status while confined at Broadlawns. The...