Nancy HARGRAVE, on behalf of herself and all others similarly situated, Plaintiff-Appellee,
Vermont Protection and Advocacy, Inc., Plaintiff-Intervenor-Appellee,
v.
State of VERMONT, Vermont Department of Developmental and Mental Health Services, and Susan C. Besio, in her capacity as Commissioner of the Vermont Department of Developmental and Mental Health Services, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: October 24, 2002.
Decided: August 1, 2003.
Attorney(s) appearing for the Case
BRIDGET C. ASAY, Assistant Attorney General, State of Vermont Office of the Attorney General, Montpelier, VT, for Defendants-Appellants.
PAUL M. SMITH (Leondra R. Kruger, of counsel), Jenner & Block LLC, Washington, D.C., for Plaintiff-Appellee and Plaintiff-Intervenor-Appellee.
John Townsend Rich (Richard L. Matheny, III, of counsel), Shea & Gardner, Washington, D.C., for Amici Curiae 18 Former State Mental Health Commissioners, the National Mental Health Association, the Vermont Association for Mental Health, the International Association of Psychosocial Rehabilitation Services, the New York. Association of Psychiatric Rehabilitation Services, the American Network of Community Options and Resources, HalfthePlanet Foundation, the American Association of People with Disabilities, the Polio Society, and the National Health Law Program.
Susan Stefan (Robert D. Fleischner, of counsel), Center for Public Representation, Northampton, MA, for Amici Curiae National Association of Protection and Advocacy Systems, the Judge David Bazelon Center for Mental Health Law, and National Association of Rights Protection and Advocacy.
Before: VAN GRAAFEILAND, JACOBS, and CABRANES, Circuit Judges.
United States Court of Appeals, Second Circuit.
JOSÉ A. CABRANES, Circuit Judge.
We consider here an appeal from a February 7, 2002 judgment of the United States District Court for the District of Vermont (Jerome J. Niedermeier, Magistrate Judge) granting plaintiffs' motion for partial summary judgment and permanently enjoining the implementation and enforcement of several sections of Vermont's "Act 114," Vt. Stat. Ann. tit. 18, § 7624 et seq., which the District Court held facially discriminated...
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