Legal Opinion

Prestera Center for Mental Health Services, Inc. v. Lawton

District Court, S.D. West Virginia

Decided September 12, 2000No. CIV.A. 2:00-0436PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are Defendants’ motion to dismiss for failure to state a claim and lack of federal jurisdiction and Plaintiffs’ motion for preliminary injunction. The Court GRANTS in part and DENIES in part Defendants’ motion to dismiss. Finding a federal question, the Court retains jurisdiction of this action. Plaintiffs’ motion for preliminary injunctive relief is DENIED.

I. FACTUAL AND PROCEDURAL BACKGROUND

Allegations in the complaint are taken to be true for purposes of this motion. Plaintiffs are four comprehensive community mental health centers…

2Cases cited38 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Younger v. HarrisSupreme Court of the United States · 1971
  3. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  4. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  5. Edelman v. JordanSupreme Court of the United States · 1974

33 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Ex parte FournierCourt of Criminal Appeals of Texas · 2015
  2. Bryson v. ShumwayDistrict Court, D. New Hampshire · 2001
  3. Strawser v. LawtonDistrict Court, S.D. West Virginia · 2001
  4. T. v. BowlingDistrict Court, S.D. West Virginia · 2018

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