Case Summary:
In 1992 Jason Alan Cappelli sued the Children's Hospital
(TCH), an employee of TCH, and Bill Fyfe for false
imprisonment, restricting his liberty, not allowing him
to wear his own clothes or keep other possessions during
his hospitalization for mental illness, and deprivation
of civil rights under sec. 1983. Fyfe was named a
defendant because he was Cappelli's "treating
psychologist," not because he was directly responsible
for the hospitalization. Cappelli's attorney was Russell
Granger, who had a Georgetown address in 1993 and is now
a county court judge in Clear Creek County.
Fyfe denied all allegations and in particular denied
that he had diagnosed (according to the complaint,
"falsely represented") Cappelli as "psychotic." After
some scuffling among the attorneys (Fyfe's was one
Timothy Judson and TCH had a major law firm) over
discovery issues and Granger's failure to file a
certificate of review as is required when suing a
hospital or a mental health professional for negligence
(see CRS 13-20-602), Cappelli dismissed his claims
against Fyfe with prejudice on 11/19/93.
In July 1994, TCH filed a motion to compel disclosure of
Cappelli's settlement with Fyfe (which otherwise is not
cited in the record) on the grounds that TCH was
entitled to a setoff in the amount of the Fyfe
settlement. Before the court ruled on this motion,
Cappelli & TCH stipulated to a dismissal with prejudice,
9/7/94.
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