HALDERMAN v. PENNHURST STATE SCHOOL & HOSPITAL

No. 81-2381.

673 F.2d 628 (1982)

Terri Lee HALDERMAN, a retarded citizen, by her mother and guardian, Winifred Halderman; et al., Plaintiffs-Intervenors, v. PENNHURST STATE SCHOOL & HOSPITAL, et al. Appeal of Helen O'BANNON and the Department of Public Welfare.

United States Court of Appeals, Third Circuit.

Decided February 26, 1982.

Rehearing Denied March 23, 1982.


Attorney(s) appearing for the Case

LeRoy S. Zimmerman, Atty. Gen., Allen C. Warshaw, Deputy Atty. Gen., Chief, Special Litigation (argued), Robert B. Hoffman, Deputy Atty. Gen., Harrisburg, Pa., for appellants.

David Ferleger, Philadelphia, Pa., Penelope A. Boyd (argued), Philadelphia, Pa., for Terri Lee Halderman, et al.

Thomas K. Gilhool (argued), Frank J. Laski, Public Interest Law Center of Philadelphia, Philadelphia, Pa., for Pennsylvania Ass'n for Retarded Citizens, et al.

Alexander Ewing, Jr., Asst. U. S. Atty., Philadelphia, Pa., Louise A. Lerner, Asst. Atty. Gen., U. S. Dept. of Justice, Washington, D. C., for United States.

Before SEITZ, Chief Judge, and ALDISERT, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges.


Hearing En Banc Argued November 23, 1981.

OPINION OF THE COURT

GIBBONS, Circuit Judge, with whom ALDISERT, WEIS, HIGGINBOTHAM, and SLOVITER, Circuit Judges join:

The Honorable Helen O'Bannon, Secretary of the Department of Public Welfare of the Commonwealth of Pennsylvania, and that Department, appeal from an August 25, 1981, order of the District Court, 533 F.Supp. 631, holding them in civil contempt, after...

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