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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.