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MIENER v. STATE OF MO.

No. 80-1971.

673 F.2d 969 (1982)

Terri Ann MIENER, by and through her next friend and parent, Clyde J. Miener, Appellant, v. STATE OF MISSOURI, and Joseph P. Teasdale, Governor; Department of Elementary and Secondary Education of the State of Missouri, Arthur L. Mallory, Commissioner of Education of the Department of Elementary and Secondary Education of the State of Missouri; Dr. Leonard Hall, Assistant Commissioner of Education, The Division of Special Education of the Department of Elementary and Secondary Education of the State of Missouri, The Special School District of St. Louis County, Missouri; The Board of Education of the Special School District of St. Louis County, Missouri; Allan G. Barclay, Gerald K. Braznell, and Gerald B. Hansen, Directors of the Special School District of St. Louis County, Missouri; Mr. Thomas E. Smith, Superintendent of Schools of the Special School District of St. Louis County, Missouri; Department of Mental Health of the State of Missouri, Joe L. Winter, Commissioner of the Department of Mental Health of the State of Missouri; Paul R. Ahr, Acting Director of the Department of Mental Health of the State of Missouri; Mr. John Twiehaus, individually and in his official capacity as the Acting Superintendent of the St. Louis State Hospital; Dr. Milton Fujita, individually and in his former official capacity as Medical Director of the Youth Center of the St. Louis State Hospital, Missouri State Board of Education, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 4, 1982.

Rehearing Denied May 20, 1982.

Attorney(s) appearing for the Case

Steven L. Leonard, Clayton, Mo., for appellant.

Schmitz & Fischer, M. Peter Fischer, Mary Stake Hawker, St. Louis, Mo., for Special School Dist., appellees.

John Ashcroft, Atty. Gen., Robert L. Presson, Asst. Atty. Gen., Jefferson City, Mo., for State of Missouri; Simon Tonkin, Asst. Atty. Gen., St. Louis, Mo., Leslie Ann Schneider, Asst. Atty. Gen., Jefferson City, Mo., of counsel.

L. Steven Goldblatt, Atty., Clayton, Mo., for The American Civil Liberties Union of Eastern Missouri.

Before BRIGHT, HENLEY and ARNOLD, Circuit Judges.

HENLEY, Circuit Judge.

Appellant Terri Ann Miener, by and through her guardian and next friend Clyde J. Miener, brought this action against several state and local governmental entities to secure rights allegedly due to her as a handicapped person. She sought declaratory, injunctive and monetary relief pursuant to 42 U.S.C. § 1983; the Rehabilitation Act of 1973, Pub.L. 93-112, 87 Stat. 355 (1973), 29 U.S.C. § 701...

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