Patsy A. Hardy, Secretary, WV DHHR v. Shawn Shumbera

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Petitioner Patsy A. Hardy, Secretary of the West Virginia Department of Health and Human Resources appeals from a Final Order of the Kanawha County Circuit Court, denying the DHHR’s Rule 59(e) Motion to Alter or Amend Judgment. On October 30, 2009, the lower court found that Shawn Shumbera was entitled to injunctive relief to enable him to receive MR/DD Waiver services despite the absence of evidence showing he meets the eligibility criteria.