Ex Parte Alabama Dept. of Mental Health and Mental Retardation

The Alabama Department of Mental Health and Mental Retardation ("DMHMR") petitioned for a writ of mandamus directing the Montgomery Circuit Court to vacate a discovery order it entered in favor of Candace Lambert, the administratrix of the estate of Marguerite Hicks. We grant the petition.

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On September 17, 2000, Marguerite Hicks, a patient at DMHMR's Emmett Poundstone Mental Health Facility, died. Hicks was allegedly strangled in her room at the facility. Two nurses and a mental health worker employed by the facility were arrested and charged with violating the Adult Protective Services Act,…