JONES v. STATE OF R.I.

Civ. A. No. 89-0183 L.

724 F.Supp. 25 (1989)

Robert W. JONES and Ann M. Jones, Individually and in their capacity as Co-Administrators of the Estate of Robert M. Jones v. The STATE OF RHODE ISLAND: Anthony Solomon, General Treasurer of the State of Rhode Island; Thomas Romeo, in his capacity as Director of the Department of Mental Health, Retardation and Hospitals; John Karkales, in his capacity as Administrator of the Institute of Mental Health; Robert Burns, individually and in his official capacity; Raymond Cardillo, Individually and in his official capacity; Edward Leroux, individually and in his official capacity; Matthew Ward, Individually and in his official capacity.

United States District Court, D. Rhode Island.

November 17, 1989.


Attorney(s) appearing for the Case

Amato A. DeLuca, of Revens & Deluca Ltd., Warwick, R.I., for plaintiffs.

Robin E. Feder, Asst. Atty. Gen., and Ellen Evans Alexander, Sp. Asst. Atty. Gen., Providence, R.I., John Brequet, Chief Legal Officer, Dept. of Mental Health, Retardation and Hospitals, Cranston, R.I., for defendants.


MEMORANDUM AND ORDER

LAGUEUX, District Judge.

This matter is presently before the Court on the motion of all defendants to dismiss for failure to state a claim for which relief may be granted under Fed.R.Civ.P. 12(b)(6). The instant action arises as a result of the tragic death of Robert M. Jones. On July 27, 1988, the decedent was committed to the Institute of Mental Health in the State of Rhode Island and diagnosed as a schizophrenic. Plaintiffs assert...

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