Hicks v. Feeney

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

Roy Hicks appeals the order of the district court granting summary judgment to Robert C. Feeney, the former director of Delaware State Hospital (“DSH”). Hicks sued Feeney under 42 U.S.C. § 1983 (1982), alleging deprivation of procedural due process when he was involuntarily confined in DSH. For the reasons stated herein, we vacate the district court’s order and remand for reconsideration of Feeney’s immunity claim in light of Mitchell v. Forsyth, — U.S. -, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985).

I

On November 18, 1982, the Delaware Family…