Henderson Duval Houghton v. Carroll v. South

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 in the hospital’s Maximum Security Unit (MSU) pursuant to a policy instituted by South in April 1981. The policy set forth procedures for the transfer of criminal court order patients from the hospital’s MSU to less restrictive treatment units as a part of those patients’ treatment plans. It required that: (1) the mental health professionals in charge of the patient’s treatment make a recommendation for transfer; (2) the recommendation be reviewed by the hospital’s Forensic Review Board; (3) the Forensic Review Board’s recommendation be reviewed by the hospital’s Chief Executive Officer; and (4) the…