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BAKER v. LANE COUNTY

No. Civ. 97-20-TC.

33 F.Supp.2d 1291 (1999)

Constance BAKER, Personal Representative of the Estate of Ricky G. Herron, Plaintiff, v. LANE COUNTY, Michael Boggs, Carol John, Ann Marie Hays, Steven C. Goins, Glenn W. Morgan, Reed Kratka, Jeffrey Robbins, and PeaceHealth, a non-profit Washington Corporation, doing business as Sacred Heart General Hospital, Defendants.

United States District Court, D. Oregon.

January 15, 1999.

Attorney(s) appearing for the Case

Michael H. Bloom, Bloom & Spalding, Portland, OR, Thomas F. Spaulding, Thomas F. Spaulding, PC, Portland, OR, for Constance Baker.

David B. Williams, Lane County Counsel, Eugene, OR, for Lane County, Michael Boggs, Ann Marie Hays.

James D. Hibbard, John R. Osburn, Bullivant Houser Bailey Pendergrass & Hoffman, Portland, OR, for Carol John.

Daniel M. Holland, Ronald B. Terzenbach, Loomis & Holland, Eugene, OR, for Steven C. Goins.

Jeffrey M. Kilmer, Pamela J. Stendahl, Kilmer Voorhees & Laurick PC, Portland, OR, for Lane Sheltercare Inc.

ORDER

COFFIN, United States Magistrate Judge.

Plaintiff's motion (# 195) for a new trial against defendant Lane County is granted for the reasons set forth below.

Ricky G. Herron suffered from schizophrenia, and was under the care of the Lane County Mental Health Division. In late December, 1994, Lane County changed Herron's anti-psychotic medication from Prolixin to Clozaril. Herron agreed to the switch in medication after a discussion of...

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