MORALES v. TURMAN

No. 74-3436.

562 F.2d 993 (1977)

Alicia MORALES et al., Plaintiffs-Appellees, v. James A. TURMAN, Individually and in his Official Capacity as Executive Director of the Texas Youth Council, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 16, 1977.


Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Thomas W. Choate, Asst. Atty. Gen., Austin, Tex., Robert F. Salter, Gatesville, Tex., for defendants-appellants.

Andrew P. Miller, Atty. Gen., Robert E. Shepherd, Jr., Asst. Atty. Gen., Richmond, Va., amicus curiae, for Commonwealth of Va.

Steven Bercu, El Paso, Tex., Peter B. Sandmann, Youth Law Center, Robert L. Walker, San Francisco, Cal., for plaintiffs-appellees.

Roby Hadden, U. S. Atty., Tyler, Texas, William Malcom Logan, Jr., Office of Insts. & Facilities, Civil Rights Div., Dept. of Justice, Washington, D. C., Neal J. Tonken, Atty., U. S. D. of J., Washington, D. C., Frank M. Dunbaugh, Deputy Asst. Atty. Gen., Dept. of Justice, Civil Rights Div., Washington, D. C., amicus curiae, for U.S.A.

Patricia M. Wald, Jane Bloom Yohalem, Atty., Paul R. Friedman, Norman S. Rosenberg, Mental Health Law Project, Washington, D. C., amicus curiae, for American Orthopsychiatric Assoc., et al.

Before AINSWORTH, MORGAN and RONEY, Circuit Judges.


Rehearing and Rehearing En Banc Denied December 16, 1977.

AINSWORTH, Circuit Judge:

This matter is being considered by us on remand from the Supreme Court which held, contrary to our previous ruling, that determination of this case by a three-judge court was unnecessary. See Morales v. Turman, 430 U.S. 322, 97 S.Ct. 1189, 51 L.Ed.2d 368 (1977).

On February 12, 1971, this class action on the behalf of those involuntarily...

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