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WINTERS v. ARK. DEPT. OF HEALTH AND HUMAN SERVICES

No. 06-2787.

491 F.3d 933 (2007)

Darin WINTERS, as Personal Administrator of the Estate of Donald Winters, Appellant, v. ARKANSAS DEPARTMENT OF HEALTH AND HUMAN SERVICES; Keith Ferguson, Sheriff, in his official capacity as Sheriff of Benton County, Arkansas; John Selig, Chief Executive Officer of DHS, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 29, 2007.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Luther Oneal Sutter, Little Rock, Arkansas.

Counsel who presented argument on behalf of the appellees Arkansas Department of Health and Human Services and John Selig is Rick D. Hogan, Little Rock, Arkansas.

Counsel who presented argument on behalf of appellee Keith Ferguson is Michael R. Rainwater, Little Rock, Arkansas.

Before COLLOTON, HANSEN, and GRUENDER, Circuit Judges.

HANSEN, Circuit Judge.

Mr. Darin Winters, as personal administrator of the estate of his father, the late Mr. Donald Winters (whom we will refer to as "Mr. Winters"), brought suit alleging claims pursuant to 42 U.S.C. § 1983; Title II of the Americans With Disabilities Act of 1990 (ADA), 42 U.S.C. § 12132; and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, after his father died while a pretrial detainee in the county jail on a state...

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