Hicks v. Feeney

850 F.2d 152, 1988 WL 62585
CourtCourt of Appeals for the Third Circuit
DecidedJune 22, 1988
DocketNo. 87-3527
StatusPublished
Cited by208 cases

This text of 850 F.2d 152 (Hicks v. Feeney) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hicks v. Feeney, 850 F.2d 152, 1988 WL 62585 (3d Cir. 1988).

Opinions

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

This case involves the dismissal of a plaintiff’s action for failure to comply with a district court’s discovery order. The sanction is harsh. Nevertheless, considering appellant’s willful refusal to afford ap-pellee discovery relevant, at the least, to the undecided issue of appropriate relief, the district court did not abuse its discretion. We will therefore affirm.

On November 18, 1982 the Family Court of the State of Delaware found plaintiff Roy Hicks (Hicks) guilty of criminal contempt. The court sentenced Hicks to thirty days in jail, but suspended the sentence in favor of a one year probation. As a condition of the probation, Hicks was sent to the Delaware State Hospital (DSH) for a seventy-two-hour evaluation, and for continued hospitalization, if recommended by DSH, “as may be permitted by law, unless sooner discharged according to law.” Hicks was [154]*154not released until January 12, 1983, fifty-four days after his admission.1

Hicks brought a 42 U.S.C.A. § 1983 (West 1981) civil rights action in district court against Robert Feeney (Feeney), director of DSH. Hicks sought declaratory and injunctive relief against Feeney in his official capacity and compensatory damages against him as an individual. Both parties moved for summary judgment. The district court held that although Hicks’s liberty interest was violated by his confinement at DSH, adequate post-deprivation remedies existed to remedy it. Therefore, his right to procedural due process was not violated. Hicks v. Feeney, 596 F.Supp. 1504, 1512 (D.Del.1984) (Hicks I), vacated, 770 F.2d 375 (3d Cir.1985). The district court also found that Hicks’s substantive due process rights were not violated. Id. at 1513. Finally, the district court found that because Hicks’s rights were not “clearly established” at the time of the violation, Feeney was entitled to qualified immunity. Id. at 1515.

On appeal, this Court held that the district court erred in applying the post-deprivation remedy exception to Section 1983 violations of Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981). Hicks II, 770 F.2d at 379. We held DSH’s commitment procedures were an established state procedure rather than the random and unauthorized act of a state officer. Id. at 378-79. Under Parratt, an established state procedure requires a pre-deprivation hearing. We also considered Feeney’s claim of qualified immunity and found that the district court misapplied the factual correspondence standard of People of Three Mile Island v. Nuclear Regular tory Comm’rs, 747 F.2d 139, 144 (3d Cir.1984). Hicks II, 770 F.2d at 379-80. We therefore vacated the district court’s order granting qualified immunity to Feeney and instructed the court to “focus on whether it was clearly established that Hicks could be involuntarily confined at DSH after the initial 72-hour period ordered by the family court judge.” Id. at 380. If it were clearly established that this confinement violated Hicks’s constitutional rights, then Feeney does not have qualified immunity. Id. We also instructed the district court to consider whether Delaware’s Involuntary Commitment Act2 creates a liberty interest that could form the basis of a Section 1983 action. Id. at 380 n. 4.

On remand, Hicks moved for summary judgment. The district court entered an order setting a briefing schedule and allowing Feeney to take further discovery.

Hicks was deposed on January 28, 1986. After approximately forty minutes, he refused to answer any more questions.3 After a one-hour recess, he did not return to the deposition. The deposition was rescheduled for February 14, 1986. Hicks failed to appear. Feeney filed a Motion to Compel Deposition of Plaintiff. While that motion was pending, Feeney rescheduled the deposition to April 8, 1986. Hicks did not appear. On July 9, 1986 Joseph Bernstein, Esq., counsel for Hicks, sent the district judge a letter explaining his client’s position. He stated that he had been in contact with Hicks at least five times, both before and after the various deposition dates. Hicks told Bernstein that “he did not want to discuss what he believed to be extremely private matters concerning what happened to him while he was confined at the Delaware State Hospital.” App. at A-54. Bernstein informed Hicks of the possibility of the imposition of sanctions for failing to appear at the deposition. Hicks replied that “he valued his privacy concerning these matters more than any compensatory damages that the court might award” and that he would not appear at any future depositions. Id.

The district court ordered Hicks to appear at a deposition on July 29,1986 and to [155]*155pay costs for the previous depositions. The court warned that additional sanctions, including an outright dismissal, would be imposed if Hicks failed to appear. Hicks did not appear. In his Memorandum in Opposition to Defendant’s Motion for Sanctions, Hicks recognized that his refusal to be deposed resulted in substantial prejudice to Feeney and was willing to waive his “actual” injury claims. App. at A-80. However, Hicks continued to press for presumed and punitive damages. App. at A-80-81 & n. 7. Hicks suggested that even a $1.00 award of nominal damages would be an alternative sanction to an outright dismissal. App. at A-80 n. 6. Nevertheless, the district court dismissed the case. Hicks appeals from the district court’s final order. We have jurisdiction under 28 U.S. C.A. § 1291 (West Supp.1987).

Hicks first argues that the district court exceeded its power under Federal Rules of Civil Procedure 37(b)(2) in dismissing the case for failing to comply with discovery orders. The court clearly has the power to dismiss the case as a sanction against a party who fails to obey an order regarding discovery. Fed.R.Civ.P. 37(b)(2)(C). The sanction must be specifically related to the particular claim at issue in the discovery order. Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U.S. 694, 707-08, 102 S.Ct. 2099, 2107, 72 L.Ed.2d 492 (1982). The trial court has discretion over which sanctions to impose and “may make such orders in regard to the failure as are just.” Fed. R.Civ.P. 37(b)(2).

Hicks argues, however, that the district court was limited in the sanctions it could apply because of our opinion in Hicks II. He claims Hicks II established Fee-ney’s liability, leaving only the issue of monetary damages to be determined through discovery and trial. Reviewing Hicks II, we do not find such a holding. In Hicks II we held that the district court erred in applying the post-deprivation remedy exception to Section 1983 violations of Parratt v. Taylor, supra.

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850 F.2d 152, 1988 WL 62585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hicks-v-feeney-ca3-1988.