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HARTSHORN BY SADE v. HEYDINGER

Civ. A. No. A:86-0985.

647 F.Supp. 73 (1986)

Delbert HARTSHORN, by his next friend, David Anthony SADE, Plaintiff, v. David C. HEYDINGER, Director of the West Virginia Department of Health; Barbara Martin, Superintendent of Spencer State Hospital; Danis Soylu, M.D., Medical Director of Spencer State Hospital; Joseph Carrier, Ph.D., Clinical Director of Spencer State Hospital; Loren Atkinson, R.N., Director of Nursing at Spencer State Hospital, Defendants.

United States District Court, S.D. West Virginia, Parkersburg Division.

November 4, 1986.

Attorney(s) appearing for the Case

William F. Byrne, Morgantown, W.Va., John M. Hedges, Charleston, W.Va., for plaintiff.

Charles G. Brown, Barbara Freedy and J. Bradley Russell, Atty. General's Office, Charleston, W.Va., F. Richard Hall and James M. O'Brien, Davis, Bailey, Pfalzgraf & Hall, Parkersburg, W.Va., for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is the Defendants' motion to dismiss filed September 29, 1986. Upon considering the matters raised by the Defendants and the response given by the Plaintiff, the Court GRANTS the Defendants' motion to dismiss, and the Plaintiff's complaint is dismissed without prejudice.

The Plaintiff, by his next friend David Anthony Sade, filed a complaint making claims for damages and injunctive relief pursuant...

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