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LEWIS v. NEW MEXICO DEPT. OF HEALTH

No. CIV.99-0021MVRLP.

94 F.Supp.2d 1217 (2000)

Ben LEWIS, Aaron Norrid, Billy Jo Quisenberry and Fred Romero, by and through their legal guardian and next of friend the Arc of New Mexico, Breanne Liddell, by and through her parent and legal guardian Judy Liddell, Matthew Allen, by and through his parents and legal guardians Jim and Angela Allen, Fay Morgan, Deborah Eminger and Protection and Advocacy System, Inc., Plaintiffs, v. NEW MEXICO DEPARTMENT OF HEALTH, New Mexico Department of Human Services, J. Alex Valdez, Secretary of the Department of Health and Secretary Designee of the Department of Human Services in his official capacities, and Governor Gary Johnson in his official capacity, Defendants.

United States District Court, D. New Mexico.

April 24, 2000.

Attorney(s) appearing for the Case

Duff Westbrook, Michael C. Parks, Albuquerque, NM, V. Colleen Miller, for Plaintiffs.

Charles A. Pharris, Kurt Wihl, Margaret Davidson, Gary J. Van Luchene, Albuquerque, NM, for Defendants.

AMENDED MEMORANDUM OPINION AND ORDER

VAZQUEZ, District Judge.

THIS MATTER is before the Court on Defendants' Motion to Dismiss Based on Sovereign Immunity, filed June 14, 1999 [Doc. No. 25]; Defendants' Motion to Dismiss Pursuant to Rule 12(b)(6), filed June 14, 1999 [Doc. No. 20]; and Defendants' Motion to Dismiss Governor Gary Johnson, filed June 14, 1999 [Doc. No. 12]. The Court, having considered the motions, responses, replies, relevant...

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