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D.R. BY ROBINSON v. PHYFER

Civ. A. No. CV-95-A-016-N.

906 F.Supp. 637 (1995)

D.R., a minor, by his next friend, Patricia ROBINSON, Plaintiff, v. George PHYFER, etc., et al., Defendants.

United States District Court, M.D. Alabama, Northern Division.

December 6, 1995.

Attorney(s) appearing for the Case

Robert Dean Drummond, Jr., Edwin Leo Yates, Montgomery, AL, for plaintiff.

Cynthia Williams Clinton, Mark Englehart, H. Lewis Gillis, Kenneth Lamar Thomas, Thomas, Means & Gillis, P.C., Montgomery, AL, William J. Samford, II, Ala. Dept. of Youth Services, Mt. Meigs, AL, for George Phyfer, James Dupree.

Cynthia Williams Clinton, Mark Englehart, H. Lewis Gillis, Kenneth Lamar Thomas, Montgomery, AL, William J. Samford, II, Ala. Dept. of Youth Services, Mt. Meigs, AL, Mark S. Boardman, J. Wesley Hughes, Boardman & Tyra, P.C., Birmingham, AL, for James Kent.

MEMORANDUM OPINION

ALBRITTON, District Judge.

INTRODUCTION

This cause comes before the court on several motions to dismiss pursuant to Fed. R.Civ.P. 12(b)(6). The procedural events leading to the motions' submission are described below.

Following a June 4, 1994, riot at a juvenile detention facility known as the Mt. Meigs campus, operated by the Alabama Department of Youth Services, ("DYS"), plaintiff D.R., ("Plaintiff"), a minor...

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