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| Case Name | Wyman et al. v. Missouri Dep't of Mental Health et al. | |
|---|---|---|
| Date | 04/10/2012 | |
| Note | Civil actions seeking monetary relief against the Department of Mental Health for retaliation against employees based on their exercise of their workers' compensation rights are barred by sovereign immunity, but equitable relief is not necessarily foreclosed. | |
| Citation | WD74062 | |
| WCC Citation | WCC 2042012 MO |
Susan M. Wyman, et al v. Missouri Department of Mental Health, et al, No. WD74062 (Mo. App. W. D. 04/10/2012) IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT WD74062 April 10, 2012 SUSAN M. WYMAN, ET AL. , APPELLANTS, v. MISSOURI DEPARTMENT OF MENTAL HEALTH, ET AL. , RESPONDENT. J. Susan Wyman and fifteen other current or former employees at the Fulton State Hospital (collectively "Wyman") filed suit in the Circuit Court of Callaway County against the Missouri Department of Mental Health and Marty Martin-Foreman, the Chief Operating Officer of the Hospital. Wyman does not dispute that her retaliatory discharge claim against the Department seeks to impose tort liability upon it. provides that the doctrine of sovereign immunity remains the general rule in Missouri protecting public entities from liability for negligent acts. "Wyman claims that the Workers Compensation Law itself waives the State s sovereign immunity from retaliatory discharge claims.
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