MONAHAN v. DORCHESTER COUNSELING CENTER, INC.

No. 91-1844.

961 F.2d 987 (1992)

Kevin MONAHAN, Plaintiff, Appellant, v. DORCHESTER COUNSELING CENTER, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 15, 1992.


Attorney(s) appearing for the Case

Robert G. Flanders, Jr., with whom Neal J. McNamara, and Flanders & Medeiros Inc., Providence, R.I., were on brief for plaintiff, appellant.

Robert D. Fleischner and Steven J. Schwartz, Northampton, Mass., Center for Public Representation, on brief for Center for Public Representation, Coalition for the Legal Rights of the Disabled, United Families, Inc., Alliance for the Mentally Ill of Greater Fall River, and Hyland House, Inc., amici curiae.

Douglas H. Wilkins, Asst. Atty. Gen., Government Bureau, with whom Scott Harshbarger, Atty. Gen., and Eleanor Coe, Asst. Atty. Gen., Government Bureau, Boston, Mass., were on brief for state defendants, appellees Henry Tomes, James Stratoudakis, Ph.D., Daniel K. Amigone, Mark A. Fridovich, Ph.D., Alfred E. Darby, M.D., Meryl Moss, Randy Morse, David Kazen, Martin Bauermeister, M.D., Robert Marot, James Farelly, Cynthia Pillsbury, R.N., Toni Monteiro, and Sheila Wallace.

Thomas M. Elcock with whom Peter C. Knight, Rhonda L. Rittenberg, Denise K. Cahalane and Morrison, Mahoney & Miller, Boston, Mass., were on brief for defendants, appellees Michael St. Germaine, Lorna Jones and Dorchester Counseling Center, Inc.

Before TORRUELLA, Circuit Judge, ALDRICH and CAMPBELL, Senior Circuit Judges.


LEVIN H. CAMPBELL, Senior Circuit Judge.

In this suit under 42 U.S.C. § 1983, plaintiff Kevin Monahan, a mentally ill person, seeks injunctive relief and damages against the Commonwealth of Massachusetts ("Commonwealth") and various individuals and entities. While residing at a Commonwealth-run group home, Monahan asked to be taken to another facility. After being denied admission to the latter, Monahan was driven back to the group home by a Commonwealth employee...

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