DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
051780P.pdf 05/10/2006 MO Protection & v. MO Dept. of Mental
U.S. Court of Appeals Case No: 05-1780
and No: 05-3303
Western District of Missouri
[PUBLISHED] [Riley, Author, with Melloy and Benton, Circuit Judges]
Civil case - Protection and Advocacy for Mentally Ill Individuals Act.
The federal act preempts Missouri Revised Statute Sec. 537.035.4; while
the refusal to provide plaintiff with a medical peer review report
concerning the death of patient violated plaintiff's statutory rights, given
the legal uncertainty before the Missouri Department of Mental Health
Director at the time he made the decision not to provide the report, he
was entitled to qualified immunity on plaintiff's Section 1983 claims.