Henderson Duval Houghton v. Carroll v. South
Court of Appeals for the Ninth Circuit
1Opinion of the Court
WALLACE, Chief Judge:
Houghton appeals from the district court’s summary judgment entered in favor of South, Director of the Montana Department of Institutions. The district court exercised jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291. We reverse and remand.
I
In 1980, Houghton was charged in Montana state court with the crime of deviant sexual conduct. The court initially committed Houghton to Warm Springs State Hospital (hospital) for an evaluation of his fitness to stand trial. On July 1, 1981, Houghton was placed…
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