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RANCOURT v. CONCANNON

No. CIV. 01-159-BC.

175 F.Supp.2d 60 (2001)

Kathy RANCOURT; Sarah Saucier, by and through her mother and guardian, Vera Saucier; and Amber Schwendeman, by and through her mother and guardian, Colleen Schwendeman, all on behalf of themselves and others similarly situated, Plaintiffs v. Kevin CONCANNON, Commissioner, Maine Department of Human Services, and Lynn Duby, Commissioner, Maine Department of Behavioral and Developmental Services, Defendants

United States District Court, D. Maine.

November 28, 2001.

Attorney(s) appearing for the Case

William C. Knowles, Verrill & Dana, Portland, Peter M. Rice, Esq., Augusta, for Kathy Rancourt, Vera Saucier, as Mother and Guardian of Sarah Saucier, Colleen Schwendeman, As Mother and Guardian of Amber Schwendeman, plaintiffs.

Jane B. Gregory, Esq., Andrew S Hagler, Assistant Attorney General, Augusta, for Commissioner, Maine Department of Human Services, Commissioner for Maine Department of Mental Health & Retardation, defendants.

MEMORANDUM OF DECISION AND ORDER DENYING DEFENDANTS' MOTION TO DISMISS THE COMPLAINT

GENE CARTER, District Judge.

Before the Court for action is Defendants' Motion to Dismiss the Complaint (Docket No. 3). The motion is premised principally upon the proposition put forward by Defendants that 42 U.S.C. § 1983 does not provide to Plaintiffs herein "a private right of action" (read "standing") to achieve redress for the State of Maine's alleged...

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