Gregg D. UHLRIG, Executor of the Estate of Stephanie Uhlrig, Deceased; Gregg D. Uhlrig, Individually; Benjamin J. Uhlrig, a minor child; and Anika M. Uhlrig, a minor child, Plaintiffs-Appellants,
v.
Robert C. HARDER, acting in his individual personal capacity and as Secretary of the Department of Social and Rehabilitative Services; Donna L. Whiteman, acting in her individual personal capacity and as Secretary of the Department of Social and Rehabilitative Services; George D. Vega, acting in his individual personal capacity and as Commissioner of Mental Health and Rehabilitative Services; Mani Lee, acting in his individual personal capacity and as Director of Mental Health Programs; and Karen Thompson, acting in her individual personal capacity and as Superintendent of Topeka State Hospital, Defendants-Appellees,
The State of Kansas, Defendant.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
August 30, 1995.
August 30, 1995.
Attorney(s) appearing for the Case
William J. Skepnek of Stevens, Brand, Golden, Winter & Skepnek, Lawrence, KS (Scott J. Bloch of Stevens, Brand, Golden, Winter & Skepnek, Lawrence, KS and Daniel M. Welch of Carpenter Professional Ass'n, Topeka, KS, with him on the briefs), for plaintiffs-appellants.
Michael George, Chief of Litigation, Dept. of Social and Rehabilitative Services, Topeka, KS (Kenneth R. Smith, Litigation Atty., Dept. of Social and Rehabilitative Services, Topeka, KS, Hal E. DesJardins, Topeka, KS, and Deborah Purce-Jones, Jones & Jones, Topeka, KS, with him on the brief), for defendants-appellees.
Before EBEL, KELLY, Circuit Judges, and BRATTON, District Judge.
United States Court of Appeals, Tenth Circuit.
EBEL, Circuit Judge.
This 42 U.S.C. § 19831 action challenges the decision of a number of state mental health administrators ("Defendants")2 to terminate a special unit in a mental hospital that was reserved for the criminally insane. Plaintiff-Appellant Gregg Uhlrig ("Plaintiff"), as the executor of the estate of his deceased wife, Stephanie Uhlrig ("Uhlrig"), alleges that Defendants' reckless decision...
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