Fayle v. Stapley

607 F.2d 858 Edward G. FAYLE, Appellant, v. Glenn STAPLEY, Treasurer of Maricopa County; Dr. Suzanne Dandoy, Director of Health Services; Dr. G. Lee Sandritter, Superintendent of the Arizona State Hospital, Appellees. No. 77-2875. United States Court of Appeals, Ninth Circuit. Nov. 5, 1979. Calvin Lee, Venable, Rice, Lee & Capra, Phoenix, Ariz., for appellant. Linda A. Drake, Phoenix, Ariz., argued for appellees; William R. Jones, Jr., Jones, Telborg, Sanders, Haga & Parks, Phoeniz, Ariz., on the brief. Appeal from the United States District Court for the District of Arizona. Before DUNIWAY and ELY, Circuit Judges, and PORT, * District Judge. PER CURIAM: 1 The appellant Fayle seeks to overturn the District Court's summary judgment in favor of appellees in a civil rights suit brought by Fayle under 42 U.S.C. § 1983 . In part, the judgment must be reversed and the cause remanded. 2 In the District Court, Fayle claimed that a state court order which required him to pay the cost of his own involuntary confinement in a state mental hospital violated his constitutional rights. 3 Specifically, Fayle contends that the Arizona statutory scheme, 1 as applied by the appellees,…