Submitted: January 11, 2018
from United States District Court for the Eastern District of
Missouri - St. Louis
COLLOTON, BENTON, and ERICKSON, Circuit Judges.
ERICKSON, CIRCUIT JUDGE.
2003, Dwayne Andrews experienced a PTSD-related psychotic
break. During the episode, he fired shots in the direction of
two police officers. In 2005, the prosecution and Andrews
entered into a Stipulation of Defense, which the court
accepted, that Andrews was Not Guilty by Reason of Insanity
under Section 552.030 of the Missouri Revised Statutes. As a
result of the statutory scheme, Andrews was committed to the
custody of the Missouri Department of Mental Health for
2014, Andrews brought a 42 U.S.C. § 1983 action against
numerous current and former employees of the Missouri
Department of Mental Health alleging he had been deprived of
his substantive due process right to liberty during his
in-patient commitment as well as during his period of
conditional release. The defendants moved for summary
judgment. The district court granted summary judgment in favor
of the defendants on the basis of qualified immunity. Andrews
appeals, and we affirm.
recount the facts in the light most favorable to Andrews. On
August 9, 2003, Andrews experienced a PTSD episode complete
with hallucinations. Believing he was under attack by hidden
assailants, Andrews fired a rifle in the direction of two
police officers. Fortunately the shots were errant and no one
was injured. Andrews was subdued, arrested, and charged with
armed criminal action and two counts of assault in the first
was evaluated by Dr. Michael Armour, a licensed psychologist
who found him competent to proceed. Even so, Dr. Armour also
concluded that Andrews was not criminally responsible for his
behavior as a result of his PTSD episode. Andrews, his
attorney, and the prosecutor stipulated that Andrews's
defense of Not Guilty by Reason of Insanity under Section
552.030 of the Missouri Revised Statutes was valid. The
Circuit Court of St. Louis accepted the stipulation, found
Andrews Not Guilty by Reason of Insanity, and committed
Andrews to the custody of the Department of Mental Health for
October of 2005 and January of 2006, Andrews filed three
motions for conditional release, claiming he was no longer
mentally ill or dangerous. The Department of Mental Health
did not support his motions, and Andrews's motions to
vacate his commitment were denied.
September of 2010, Andrews underwent a Conditional Release
Evaluation by Dr. Jeffrey Kline, who found that Andrews was
not likely to be dangerous to others on conditional release
or to commit another violent crime due to his mental illness.
While Andrews's diagnosis remained in effect due to the
nature of PTSD, Dr. Kline stated Andrews's symptoms were
in "full remission" and had been for several years.
and the Department of Mental Health filed cross-applications
for conditional release that came on for hearing in December
of 2010. The hearing marked the first time the Department of
Mental Health supported Andrews's claim for conditional
release. It was, however, opposed by the prosecution, and the
circuit court denied the applications for conditional
of 2012, the circuit court once again considered
Andrews's application for conditional release, this time
ordering a conditional release "without discharge."
The release without discharge required Andrews to continue
residing at the treatment facility. In September of 2012, the
circuit court amended the conditional release without
discharge to a conditional release with discharge for a
period of one year. In September of 2013, Laurent Javois, in
his official capacity, moved to amend and extend
Andrews's conditional release for an additional year.
That motion was granted on October 8, 2013, with a proposed
termination date of October 5, 2014. Andrews filed this suit
on October 11, 2013.