Duncan v. United States

ORDER GRANTING SUMMARY JUDGMENT FOR DEFENDANTS

DAUGHERTY, District Judge.

Defendants have filed their motion for summary judgment, asserting that there is no genuine issue as to any material fact and that, on the basis of the undisputed facts, they are entitled to judgment as a matter of law. The Motion has been fully briefed on both sides, and a hearing has been held pursuant to Rule 56, Federal Rules of Civil Procedure.

Plaintiffs sue individually and as parents and next friend of their daughter, Suzanne, who has Down’s Syndrome or mongolism. They seek an injunction against the Secretary of…