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DOE v. STINCER

No. 96-2191-CIV-MORENO.

990 F.Supp. 1427 (1997)

Chris DOE, Advocacy Center for Persons with Disabilities, Inc., and the American Civil Liberties Union of Florida, Inc., Plaintiffs, v. Dr. Carlos E. STINCER, Dr. Hugo Gonzalez, Mercy Hospital, and Bob Butterworth, Attorney General for the State of Florida, Defendants.

United States District Court, S.D. Florida.

December 2, 1997.

Attorney(s) appearing for the Case

James K. Green, West Palm Beach, FL, Susan Stefan, Coral Gables, FL, for Plaintiffs.

Scott A. Masel, Office of the Attorney General, Ft. Lauderdale, FL, Bradley H. Trushin, Wolpe & Leibowitz, Miami, FL, Lewis W. Fishman, Attorney for Mercy Hospital, Dr. Carlos A. Stincer, Miami, FL, David Dittmar, Ditmer & Hauser, Coconut Grove, FL, Bradley H. Trushin, Wolpe & Leibowitz, LLP, Miami, FL, for Defendants.

MEMORANDUM OPINION

MORENO, District Judge.

Plaintiff The Advocacy Center for Persons With Disabilities, Inc. moves for summary judgment against Defendant Bob Butterworth, contending that Florida Statutes section 395.2035(2) is preempted by Title II of the Americans With Disabilities Act ("ADA"), 42 U.S.C. § 12131, et seq. The Court finds that the statute improperly discriminates against the mentally disabled and thus is preempted by the...

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