DUVALL v. CABINET FOR HUMAN RESOURCES

Civ. A. No. 95-9.

920 F.Supp. 111 (1996)

Helen DUVALL, Individually and Mother/Guardian of Kevin Wayne Flaherty, Plaintiff, v. CABINET FOR HUMAN RESOURCES, et al., Defendants.

United States District Court, E.D. Kentucky, London Division.

March 27, 1996.


Attorney(s) appearing for the Case

Fred R. Radolovich, Louisville, KY, for plaintiff Helen Duvall, Individually and Mother/Guardian of Kevin Wayne Flaherty.

E.D. Klatte, Timothy Alan Sturgill, Cabinet for Human Resources — Dept. of Law, Frankfort, KY, for defendants Human Resources Cabinet, Com. of Ky., Peggy Wallace, Dept. of Social Services, Dept. of Mental Health and Mental Retardation Services, Oakwood ICF/MR, Gerald Poppelwell, Cindy Wooten, Elaine Randolph, Elaine Wilson, Masten Childers II.

Byron E. Leet, Jean W. Bird, Wyatt, Tarrant & Combs, Louisville, KY, Bradley R. Hume, Boehl, Stopher & Graves, Louisville, KY, E.D. Klatte, Timothy Alan Sturgill, Cabinet for Human Resources — Dept. of Law, Frankfort, KY, for defendant Masten Childers, II.

John G. Prather, Jr., Somerset, KY, for defendants Elizabeth Wachtel, Paul R. Guffey, Elizabeth Wachtel.

Michael J. Cox, Boehl, Stopher & Graves, Lexington, KY, E.D. Klatte, Timothy Alan Sturgill, Cabinet for Human Resources — Dept. of Law, Frankfort, KY, for defendant Jacque Campbell.

Scott P. Whonsetler, Deirdre M. MacCarthy, Jacobson, Maynard, Tuschman & Kalur, Louisville, KY, for defendant Alberto Jayme.

E.D. Klatte, Timothy Alan Sturgill, Cabinet for Human Resources — Dept. of Law, Frankfort, KY, John G. Prather, Jr., Somerset, KY, for defendant Mel Mandrosa.

John R. Leathers, Buchanan Ingersoll Professional Corporation, Lexington, KY, for defendant P.D. Patel.

E.D. Klatte, Timothy Alan Sturgill, Cabinet for Human Resources — Dept. of Law, Frankfort, KY, Deirdre M. MacCarthy, Jacobson, Maynard, Tuschman & Kalur, Louisville, KY, for Unknown Defendants.

Jean W. Bird, Bryon Leet, Wyatt, Tarrant & Combs, Louisville, KY, Bradley R. Hume, Boehl, Stopher & Graves, Louisville, KY, for defendant Stephen L. Henry, Secretary of Cabinet for Human Resources.


ORDER

COFFMAN, District Judge.

This matter is before the Court upon the motions of Dr. Elizabeth Wachtel and Paul Guffey, individually, to dismiss [Record No. 22]; Dr. Melanio Medroso, individually, to dismiss [Record No. 25]; Dr. P.D. Patel, individually and in his official capacity, to dismiss [Record No. 27]; Jacqueline Campbell, individually, to dismiss [Record No. 37]; Cabinet for Human Resources ("CHR")1 to dismiss [Record...

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