309 F.2d 153 - Cooper v. Wilson — 309 F.2d 153

How this case has been cited

Cited by 20 later decisions — most recently June 2021

10 federal appellate · 1 district · 1 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 *154George Bailes, Cincinnati, Ohio, Richard L. Hinton, Flemingsburg, Ky., for plaintiff-appellant.

¶2Robert G. McIntosh, Cincinnati, Ohio, McIntosh & McIntosh, Cincinnati, Ohio, Robert G. McIntosh, Cincinnati, Ohio, of counsel, for defendant-appellee.

¶3Before CECIL, Chief Judge, Mc-ALLISTER, Circuit Judge, and DARR, Senior District Judge.

¶4ORDER

¶5The appellant brought this action based on Section 1983, Title 42 U.S.C.A., jurisdiction being asserted under Section 1343, Title 28 U.S.C.A., for deprivation of his alleged civil rights by his commitment to and confinement in a mental institution. The claim is made that the appel-lee, a private practicing attorney, by his fraudulent conduct in the sanity proceedings resulted in appellant’s confinement in a mental institution.

¶6The District Court sustained appellee’s motion to dismiss the action.

¶7Appellee, acting as a private lawyer, charged with making false statements in sanity proceedings which resulted in appellant’s commitment to Longview State Hospital, a mental institution, was not amenable to action based on civil rights statute. Kenny v. Fox, 232 F.2d 288 (1956) C.A. 6.

¶8It is, therefore, ordered and adjudged that the District Court’s judgment dismissing the action is in all things affirmed.