CLARK v. COHEN

No. 85-1452.

794 F.2d 79 (1986)

Carolyn CLARK v. Walter S. COHEN, Individually and in his official capacity as Secretary of the Department of Public Welfare, Commonwealth of Pennsylvania, Jennifer L. Howse, Individually and in her official capacity as Deputy Secretary for Mental Retardation of the Pennsylvania Department of Public Welfare, Commonwealth of Pennsylvania, Russell G. Rice, Jr., Individually and in his official capacity as Commissioner of Mental Retardation, Southeast Region, Department of Public Welfare, Commonwealth of Pennsylvania, S. Reeves Power, Individually and in his official capacity as Superintendent of Laurelton Center, Richard C. Surles, Individually and in his official capacity as the Mental Health and Mental Retardation Administrator of Philadelphia County, C. Everett Cornman, Centralized Comprehensive Human Services, Inc., James F. Wood, in his official capacity as the Acting Director of the JFK Community Mental Health/Mental Retardation Program, Scott McBride and Florence Kirshheirmer. Appeal of Walter S. COHEN, Jennifer L. Howse, Russell Rice and S. Reeves Power.

United States Court of Appeals, Third Circuit.

Decided June 26, 1986.


Attorney(s) appearing for the Case

Thomas K. Gilhool, Judith A. Gran, Timothy A. Cook, Public Interest Law Center of Philadelphia, Philadelphia, Pa., 19107 for amicus curiae.

LeRoy S. Zimmerman, Atty. Gen., John G. Knorr, III (argued), Andrew S. Gordon, Sr. Deputy Atty. Gens., Allen C. Warshaw, Executive Deputy Atty., Litigation Section, Harrisburg, Pa., for appellants.

Stephen F. Gold, (argued), Ilene W. Shane, Caryl Andrew Oberman, Philadelphia, Pa., for appellee.

Before GIBBONS, SLOVITER and BECKER, Circuit Judges.


OPINION OF THE COURT

GIBBONS, Circuit Judge:

Walter S. Cohen, Secretary of the Department of Public Welfare of Pennsylvania, Jennifer L. Howse, Deputy Secretary for Mental Retardation of that Department, Russell G. Rice, Jr., Commissioner of Mental Retardation, Southeast Region of that Department, and S. Reeves Power, Superintendent of Laurelton Center (the Commonwealth defendants) appeal from an injunction entered by the district court on June 21, 1985...

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