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ROBERT KING v. ROBERT NEALL

Civil litigation — Dismissal of complaint — Prejudice

In the Circuit Court for Baltimore City, Robert King, appellant, a patient at the Clifton T. Perkins Hospital Center (“Perkins”), filed suit against Robert Neall, the Secretary of the Maryland Department of Health (“the Department”) and other State personnel at Perkins,1 appellees, asserting claims arising under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101-12117, the Maryland Declaration of Rights, the federal constitution, and Maryland statutory and common law.

The Department moved to dismiss the complaint on several grounds, including that the claims all were barred by res judicata; that certain claims were barred by the applicable statute of limitations; and that the complaint failed to state a claim upon which relief may be granted. The circuit court granted the motion to dismiss, with prejudice, for failure to state a claim upon which relief could be granted and on limitations grounds.

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