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STALLWORTH v. MENTAL HEALTH & MENTAL RETARDATION

Case No. 2:10-cv-918-MEF.

801 F.Supp.2d 1231 (2011)

Monsha STALLWORTH, et al., Plaintiffs, v. ALABAMA DEPARTMENT OF MENTAL HEALTH & MENTAL RETARDATION, Defendant.

United States District Court, M.D. Alabama, Northern Division.

August 10, 2011.

Attorney(s) appearing for the Case

Robert Joseph Camp , The Cochran Firm, Birmingham, AL, for Plaintiffs.

Courtney Wayne Tarver , Rebecca Jennathan Luck , Thomas Bailey Klinner , Department of Mental Health & Mental Retardation, Bureau of Legal Services, Montgomery, AL, for Defendant.

MEMORANDUM OPINION AND ORDER

MARK E. FULLER, District Judge.

This cause is before the Court on Defendant Alabama Department of Mental Health & Mental Retardation's ("the Department") Motion to Dismiss (Doc. # 5), filed on November 3, 2010. The Department seeks dismissal on the basis that, because it is entitled to Eleventh Amendment immunity, this Court lacks subject matter to proceed against the Department. For the following reasons, the Motion...

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