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ESTATE OF O'BRIEN v. WILKINS

No. GCA 80-0064.

511 F.Supp. 707 (1981)

The ESTATE of Beverly M. O'BRIEN, Plaintiff, v. James WILKINS, Fannye L. Sapp, and Delores Wilson, in their capacity as employees of the State of Florida, Defendants.

United States District Court, N. D. Florida, Gainesville Division.

April 15, 1981.

Attorney(s) appearing for the Case

Ralph J. Humphries, Jacksonville, Fla., for plaintiff.

Mitchell D. Franks, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for defendants.

ORDER OF DISMISSAL

HIGBY, District Judge.

The Estate of Beverly O'Brien sues under Title 42, United States Code, Section 1983, for damages due to her death in a State owned and operated institution for the mentally ill and retarded. According to the complaint Ms. O'Brien was voluntarily admitted to the institution. The complaint's allegations can be fairly characterized as alleging gross negligence in the care she received and that the negligence caused...

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