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WHEELER v. GLASS

No. 71-1677.

473 F.2d 983 (1973)

Robert WHEELER, by his mother Lillie Maye Armstrong, as next friend, et al., Plaintiffs-Appellants, v. Albert GLASS, Director of the Department of Mental Health of the State of Illinois, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 18, 1973.

Attorney(s) appearing for the Case

Patrick T. Murphy, John D. Shullenberger, James M. DeZelar, Lewis A. Wenzell, Chicago, Ill., for plaintiffs-appellants.

William J. Scott, Atty. Gen., Warren K. Smoot, Jerome F. Goldberg, Joan M. Matlaw, Francis T. Crowe, Asst. Attys. Gen., Chicago, Ill., for defendants-appellees.

Before STEVENS and SPRECHER, Circuit Judges, and GORDON, District Judge.

SPRECHER, Circuit Judge.

Robert Wheeler and Dennis Durfee, two mentally retarded youths institutionalized in the Children and Adolescent Unit at Elgin State Hospital, brought a class action pursuant to 42 U. S.C. § 1983 seeking declaratory, injunctive and pecuniary relief for alleged violations of their rights under the Eighth and Fourteenth Amendments to the United States Constitution. The complaint alleged that the defendants, by summarily binding the named...

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