Legal Opinion
Missouri Protection & Advocacy Services v. Missouri Department of Mental Health
Court of Appeals for the Eighth Circuit
Decided May 10, 2006No. 05-1780, 05-3303PublishedCited by 4 opinions
1Opinion of the Court
RILEY, Circuit Judge.
This appeal asks whether the Protection and Advocacy for Mentally 111 Individuals Act (PAMII), 42 U.S.C. §§ 10801-10851, preempts a Missouri law which protects from disclosure certain medical peer review committee reports, Mo.Rev.Stat. § 537.035.(4), and, if so, whether that preemption was not clearly established, thereby immunizing the Missouri state official (in this case, Missouri Department of Mental Health (DMH) Director Dorn Schuff-man (Schuffman)) who concluded the Missouri law was not preempted. Relying on PAMU’s plain language and then-judge, now-Associate…
2Cases cited14 opinions
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- United States v. William Maurice SmithCourt of Appeals for the Eighth Circuit · 1999
- Sonya Haas v. Kelly Services, Inc.Court of Appeals for the Eighth Circuit · 2005
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3Cited by4 opinions
- Missouri Protection & Advocacy Services v. Missouri Department Of Mental HealthCourt of Appeals for the Eighth Circuit · 2006
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