State Office of Protection & Advocacy v. Miller

65 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. STATE OF NEVADA OFFICE OF PROTECTION & ADVOCACY; Patty Folk, Philip Levine; Thomas Fenton; Patricia McGonagle; on behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. Bob MILLER, Governor of the State of Nevada; Frankie Sue Del Papa, Attorney General of the State of Nevada; Scott Graigie, Director, Nevada Department of Human Resources; Sharon Ezell, Administrator, Nevada Bureau of Health Facilities; Jerry Zadney, Administrator, Nevada Division of Mental Hygiene and Mental Retardation, Defendants-Appellees. No. 94-15173. United States Court of Appeals, Ninth Circuit. Submitted July 11, 1995. * Decided July 25, 1995. Before: CHOY, CANBY, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 The State of Nevada Office of Protection and Advocacy and those it represents (OPA) appeal the district court's dismissal pursuant to Fed. R. Civ. P. 12(b)(6) of OPA's 42 U.S.C. Sec. 1983 action for…