STATE EX REL. WESTERN MISSOURI MENTAL HEALTH CENTER v. RANDALL

No. WD 43135.

791 S.W.2d 473 (1990)

STATE of Missouri, ex rel. WESTERN MISSOURI MENTAL HEALTH CENTER, a facility of the Missouri Department of Mental Health, Relator, v. The Honorable Alvin C. RANDALL, Circuit Court Judge of the Sixteenth Judicial Circuit, Jackson County Circuit Court, Respondent.

Missouri Court of Appeals, Western District.

June 19, 1990.


Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Mary Stewart Tansey, Asst. Atty. Gen., Jefferson City, for relator.

Douglass F. Noland, Carol G. Hall, Kansas City, for respondent.

Before KENNEDY, P.J., and LOWENSTEIN and BERREY, JJ.


LOWENSTEIN, Judge.

This action involves the question of whether a permanent order in prohibition should be granted against Judge Randall from proceeding against the relator, Western Missouri Mental Health Center (Western Missouri), based upon the doctrines of sovereign immunity and the public duty rule. The issue is whether Western Missouri has been shown to be a facility of the state department of mental health.

The underlying action for damages alleged that...

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