Nunn et al v. Arkansas Department of Human Services et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS 15 ; granting in part and denying in part 2 Motion to Dismiss; defendants have 10 days to file any response to plaintiffs' complaint. Signed by Honorable Robert T. Dawson on August 18, 2011. (cnn)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
KIDSQUEST, INC. and NEIGHBORHOOD
COMMUNITY OUTREACH, INC.
Case No.: 10-1063
ARKANSAS DEPARTMENT OF HUMAN
SERVICES, ET AL.
O R D E R
On this 18th day of August 2011, there comes on for
consideration the report and recommendation filed in this case
on July 6, 2011 (doc. 15), by the Honorable Barry A. Bryant,
United States Magistrate for the Western District of Arkansas.
No objections were filed.
The court has reviewed this case and, being well and
recommendation is proper and should be and hereby is adopted in
Accordingly, Defendants’ Motion to Dismiss (doc.
2) is GRANTED IN PART AND DENIED IN PART.
The Motion is GRANTED as to Defendants’ entitlement to
compensatory damages, punitive damages and retroactive damage
relief based on Plaintiffs’ claim for an accounting and payment
of damages alleged to be due for past payments against them are
The Motion is GRANTED as to Plaintiffs’ claims
pursuant to the IDEA, and these claims are DISMISSED.
Motion is GRANTED as to the individual claims of Nunn and
Jackson as they lack standing and are DISMISSED as Plaintiffs.
The motion is GRANTED as to the Arkansas Department of Human
Services’ entitlement to Sovereign Immunity for Plaintiffs’
IT IS SO ORDERED.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge
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