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UNZUETA v. STEELE

No. 99-4162-RDR.

291 F.Supp.2d 1230 (2003)

Luz E. UNZUETA, as Special Administrator of the Estate of Alan Unzueta; and James S. Phillips, Jr., as Limited Conservator for Alan Jelinek, a minor child, Plaintiffs, v. Dennis STEELE; Michael H. Tudor; Philip A. Schreiber; and Bethany Smith, Defendants.

United States District Court, D. Kansas.

October 29, 2003.

Attorney(s) appearing for the Case

Lynn M. Retz, Enid, OK, Ralph Allen Corzine, Kansas Advocacy & Protective Services, Inc., Robert D. Ochs, Carpenter & Beavers Law Office, L.L.C., Scott A. Letts, Kansas Advocacy & Protective Services, Inc., Sherry C. Diel, Topeka, KS, for Plaintiffs.

Bruce A. Roby, Waggener, Arterburn & Standiferd, Carl W. Ossmann, David R. Cooper, Donald Patterson, Fisher, Patterson, Sayler & Smith-Topeka, Topeka, KS, Donald A. Frigon, Frigon Law Firm, Dodge City, KS, for Defendants.

Roberta S. McKenna, Topeka, KS, Brenda W. Hagerman, Larned, KS, for Movant.

MEMORANDUM AND ORDER

ROGERS, District Judge.

This case is now before the court upon: plaintiff's motion to substitute; defendants' Steele, Schreiber and Tudor's motions for summary judgment; and plaintiffs' motion for partial summary judgment.

This case involves the death of Alan Unzueta, a 16-year-old boy who was involuntarily committed for treatment at the Larned State Hospital ("LSH"). Plaintiffs raise claims under 42 U.S.C. § 1983 and state...

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