BLOUIN v. SPITZER

No. 01CV0925HGMGJD.

213 F.Supp.2d 184 (2002)

Alice BLOUIN, As Administratrix of the Estate of Sheila Pouliot, and of the Goods, Chattels and Credits Which Were of the Deceased, Sheila Pouliot, Plaintiff, v. Eliot L. SPITZER, Individually, and In His Official Capacity as Attorney General of the State of New York; Winthrop H. Thurlow, Individually, and In His Official Capacity as Assistant Attorney General of the State of New York; John Doe, Jane Doe, John Poe, Jane Poe, John Roe, and Jane Roe (The Names of These Individuals Are Fictitious, the True Names of Said Individuals Unknown To Plaintiff at This Time), Individually, and In Their Official Capacities as Officers and/or Employees, Respectively, of the Attorney General's Office of the State of New York (the Department of Law), the New York State Office of Mental Retardation and Developmental Disabilities, and University Hospital/Suny HSC at Syracuse, Defendants.

United States District Court, N.D. New York.

July 22, 2002.


Attorney(s) appearing for the Case

Greene & Reid, LLP (James E. Reid, Esq., of counsel), Syracuse, NY, for Plaintiff.

Eliot L. Spitzer, Attorney General of the State of New York (Karen Marcoux Mankes, Assistant Attorney General, of Counsel), Albany, NY, for Defendants Spitzer and Thurlow.


MEMORANDUM—DECISION AND ORDER

MUNSON, Senior District Judge.

Currently before the court is defendants' motion for summary judgment, converted from a Rule 12(b)(6) motion to dismiss. For the reasons that follow below, defendants' motion is GRANTED.

BACKGROUND

Plaintiff is the sister and administratrix of the Estate of Sheila Pouliot. Since the age of nine months, Ms. Pouliot "was a profoundly mentally and physically handicapped person...

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