[Download] "Spencer v. Lee" by United States Court of Appeals for the Seventh Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Spencer v. Lee
- Author : United States Court of Appeals for the Seventh Circuit
- Release Date : January 03, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Do a private physician and a private hospital act under color of state law, and therefore lay themselves open to suit under 42 U.S.C. § 1983, when they commit a mentally disturbed person? Adhering to Byrne v. Kysar, 347 F.2d 734 (7th Cir. 1965), and Duzynski v. Nosal, 324 F.2d 924, 929-31 (7th Cir. 1963), we hold they do not. The other courts that have addressed this issue agree with our position, see Hall v. Quillen, 631 F.2d 1154 (4th Cir. 1980), and cases cited there, with the exception of the plurality opinion in Burch v. Apalachee Community Mental Health Services, Inc., 840 F.2d 797, 803 (11th Cir. 1988) (en banc), which however devoted only three sentences to the issue and cited no authority for its conclusion.