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NEIBERGER v. HAWKINS

No. CIV.A. 99B1120MJW.

239 F.Supp.2d 1140 (2002)

James NEIBERGER, Danford Eldridge, Paul Gardner, Terence Jacobs, Bradley Glennie, David Snyders, Lawrence Eubank and Allen Hall, Plaintiffs, v. Robert HAWKINS, individually and in his official capacity as Superintendent of the Colorado Mental Health Institute at Pueblo; Garry Toerber, individually and in his official capacity as Associate Manager for the Office of Direct Services of the Department of Human Services; Colorado Department of Human Services; and Colorado Mental Health Institute at Pueblo, Defendants.

United States District Court, D. Colorado.

December 13, 2002.

Attorney(s) appearing for the Case

James E. Hartley, Steven W. Black, Stephanie B. Edinger, Holland & Hart, LLP, Thomas F. Quinn, Solomon, Pearl, Blum, Neymann & Stieh, LLP, Denver, CO, Sylvia V. Kirk, Sylvia V. Kirk, Attorney at Law, Englewood, CO, Kathleen Mullen, David H. Miller, King & Greisen, LLP, Denver, CO, Gary M. Clexton, Miller & Steiert, P.C., Littletown, CO, Thomas Baker Quinn, White & Steele, P.C., Denver, CO, for Plaintiffs.

Cathy H. Greer, Pamela Leggett Skelton, Wells, Anderson & Race LLC, Christine M. Arguello, Linda S. Comer, Attorney General's Office, David R. DeMuro, Vaughan & DeMuro, Mickey T. Mihm, Ronald H. Nemirow, Kennedy & Christopher, P.C., Denver, CO, for Defendants.

MEMORANDUM OPINION AND ORDER

BABCOCK, Chief Judge.

Plaintiffs, patients of the Forensic Institute at the Colorado Mental Health Institute at Pueblo ("CMHI-P"), bring three surviving claims: (1) violation of Colorado's Care and Treatment of the Mentally 111 Act; (2) violation of Due Process pursuant to 42 U.S.C. § 1983; and (3) violation of § 504 of the Rehabilitation Act. The Plaintiffs originally...

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