Baker v. Department of Mental Health

CYNTHIA L. MARTIN, Judge.

The Department of Mental Health (“DMH”) appeals the circuit court’s judgment awarding attorney fees and expenses in the amount of $21,683.01 to Emily Baker (“Baker”) as a prevailing party pursuant to section 536.087.1 Baker successfully appealed DMH’s decision to place Baker on the employee disqualification list for allegedly abusing a consumer and class II neglect (the “Underlying Action”). DMH argues that the circuit court committed legal error in finding that DMH’s position in the Underlying Action was not substantially justified. DMH alternatively argues that the…