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GEARY v. DEPT. OF BEHAV. & DEV. SERVICES

838 A.2d 1162 (2003)

2003 ME 151

Mary Ellen GEARY v. DEPARTMENT OF BEHAVIORAL AND DEVELOPMENTAL SERVICES.

Supreme Judicial Court of Maine.

Decided: December 23, 2003.

Attorney(s) appearing for the Case

Mark C. Joyce (orally), Augusta, for plaintiff.

G. Steven Rowe, Attorney General, Dale Denno, Asst. Attorney General (orally), Katherine Greason, Asst. Attorney General, Augusta, for DBDS.

Christopher C. Taintor, Norman, Hanson & DeTroy, LLC, Portland, for Spring Harbor Hospital.

Panel: CLIFFORD, RUDMAN, DANA, ALEXANDER, CALKINS, and LEVY, JJ.

ALEXANDER, J.

[¶ 1] Mary Ellen Geary appeals from the judgment of the Superior Court (Kennebec County, Marden, J.) dismissing her M.R. Civ. P. 80C action seeking to have a third level grievance hearing before the Commissioner of the Department of Behavioral and Developmental Services. Geary contends that BDS is the proper defendant in this matter and that she has a constitutional right to the third level grievance hearing she requests. We affirm the judgment...

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