United States Tenth Circuit
Meyer v. Bd. of County Comm'rs of Harper County, Oklahoma, 04-6106
In an action brought under 42 U.S.C. section 1983 and state law arising from the involuntary commitment of plaintiff over a weekend to a state in-patient facility for treating the mentally ill, summary judgment for defendants is reversed in part where: 1) the district court erred in granting defendants' motion for summary judgment on plaintiff's Fourth Amendment claim based on qualified immunity; 2) it also erred in granting summary judgment on a First Amendment claim; and 3) consequently, dismissal of state law claims was error.
Appellate Information
- Decided 04/16/2007
- Published 04/17/2007
Judges
- HOLLOWAY, Circuit Judge., Before KELLY, HOLLOWAY and McCONNELL, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Phyllis L. Walta, Walta & Walta, Hennessey, OK, (Harold W. Jordan, Moore, OK, with her on the briefs), for Plaintiff-Appellant.
- For Appellees:
- Jodi S. Casey, Collins, Zorn & Wagner, P.C., Oklahoma City, OK, and Maurice G. Woods, II, McAtee & Woods, Oklahoma City, OK, (Jerome S. Sepkowitz, Derryberrry, Quigley, Solomon & Naifeh, P.A., Oklahoma City, OK, and Jason C. Wagner, Collins, Zorn & Wagner, P.C., with them on the briefs), for Defendants-Appellees.