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SANDERS EX REL. RAYL v. KANSAS DEPT. OF SOCIAL AND REHABIL. SERVICES

No. 03-4075-SAC.

317 F.Supp.2d 1233 (2004)

Stuart SANDERS, by and through his next friend and mother, Jeannine RAYL, Plaintiff, v. KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Janet Schalansky, in her official capacity, Laura Howard, in her official capacity, and Robert Day, in his official capacity., Defendants.

United States District Court, D. Kansas.

April 29, 2004.

Attorney(s) appearing for the Case

James A. Passamano, Sufian & Passamano LLP, Houston, TX, Scott A. Letts, Kansas Advocacy & Protective Services, Inc., Topeka, KS, for Plaintiff.

Danny J. Baumgartner, Carl W. Ossmann, Topeka, KS, for Defendant.

MEMORANDUM AND ORDER

CROW, District Senior Judge.

This case comes before the court on defendants' motion to dismiss the case for lack of standing, lack of subject matter jurisdiction, and failure to state a claim upon which relief can be granted.

Plaintiff is an adult male who has chronic progressive multiple sclerosis, quadriplegia, seizure disorder and pulmonary dysfunction, in addition to other physical conditions. Dk. 14, ¶ 10. This case...

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