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DETGEN EX REL. DETGEN v. JANEK

Civil Action No. 3:11-CV-2974-G.

945 F.Supp.2d 746 (2013)

Scott DETGEN by his next friend L.C. DETGEN, et al., Plaintiffs, v. Dr. Kyle JANEK, in his official capacity as Executive Commissioner, Texas Health and Human Services Commission, Defendant.

United States District Court, N.D. Texas, Dallas Division.

March 13, 2013.

Attorney(s) appearing for the Case

Maureen Colette O'Connell, Southern Disability Law Center, Austin, TX, Lewis Golinker, Law Offices of Lewis Golinker, Ithaca, NY, Susan D. Motley, Disability Rights Texas, Dallas, TX, for Plaintiffs.

Erika M. Kane, Office of the Texas Attorney General, Austin, TX, for Defendant.

MEMORANDUM OPINION AND ORDER

A. JOE FISH, Senior District Judge.

Before the court are the cross-motions for summary judgment of the plaintiffs and the defendant (docket entries 37 and 39). For the reasons stated below, the plaintiffs' motion is denied and the defendant's motion is granted.

I. BACKGROUND

A. Factual Background

Scott Detgen ("Detgen"), Juanita Barazza ("Barazza"), Brandon Doyel ("Doyel"), and...

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