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BIRKENHOLZ v. SLUYTER

No. 87-2158.

857 F.2d 1214 (1988)

Pamela S. BIRKENHOLZ, Appellee, v. Gary SLUYTER, Jon P. Schrage and Larry L. Muir, Appellants. Daniel Keniston and Woodhaven Learning Center.

United States Court of Appeals, Eighth Circuit.

Decided September 27, 1988.

Rehearing and Rehearing Denied December 13, 1988.

Attorney(s) appearing for the Case

Robert Presson, Asst. Atty. Gen., Jefferson City, Mo., for appellants.

Larry R. Marshall, Columbia, Mo., for appellee.

Before FAGG, BOWMAN and MAGILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 13, 1988.

MAGILL, Circuit Judge.

I. INTRODUCTION

Gary Sluyter, Jon Schrage and Larry Muir (collectively, defendants), officials with the Missouri Department of Mental Health (DMH) appeal from the district court's denial of their motion for summary judgment. The DMH officials were named as defendants in a lawsuit filed under 42 U.S.C. § 1983 by Pamela Birkenholz, director of nursing at a private...

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