ASS'N FOR RETARDED CITIZENS OF N. D. v. OLSON

Nos. 82-1798, 82-2365, 82-2545 and 82-2423.

713 F.2d 1384 (1983)

ASSOCIATION FOR RETARDED CITIZENS OF NORTH DAKOTA; Lindley Black, by his father, Sidney Black; Bradley Cossette, by his mother, Denise Cossette; Richard Schneiderhan, by his mother and guardian Elmira Schneiderhan; Naomi Jordison, by her father, Timothy Jordison; Kelli Moriarty, by her mother and guardian, Jacquelyn Moriarty; and Philip Dechant, by his mother and guardian, Lois Dechant: on behalf of themselves and all others similarly situated, Appellees, v. Allen I. OLSON, Governor of the State of North Dakota; Alton L. Lick, Director of Institutions; Milton Wisland, Superintendent of Grafton State School; Richard Charrier, Assistant Superintendent of Grafton State School and Chief Administrative Office of San Haven Division; Dr. M.A.K. Lommen, State Health Officer, Department of Health; Sam Ismir, Director, Division of Mental Health, Department of Human Services; Darvin Hirsch, Director, Division of Developmental Disabilities, Department of Human Services; Carroll Burchinal, Director of Department of Vocational Education; Dr. Joseph Crawford, Superintendent of Public Instruction; Gary Gronberg, Director of Special Education Division of Department of Public Instruction; Dale Moug, Acting Director Department of Human Services; James O. Fine, Director of Division of Vocational Rehabilitation, Department of Human Services; Marcellus Hartze, Director of Division of Community Services, Department of Human Services, Appellants. (Three Cases). ASSOCIATION FOR RETARDED CITIZENS OF NORTH DAKOTA; Lindley Black, by his father, Sidney Black; Bradley Cossette, by his mother, Denise Cossette; Richard Schneiderhan, by his mother and guardian Elmira Schneiderhan; Naomi Jordison, by her father, Timothy Jordison; Kelli Moriarty, by her mother and guardian, Jacquelyn Moriarty; and Philip Dechant, by his mother and guardian, Lois Dechant: on behalf of themselves and all others similarly situated, Appellants, v. Allen I. OLSON, Governor of the State of North Dakota; Alton L. Lick, Director of Institutions; Milton Wisland, Superintendent of Grafton State School; Richard Charrier, Assistant Superintendent of Grafton State School and Chief Administrative Office of San Haven Division; Dr. M.A.K. Lommen, State Health Officer, Department of Health; Sam Ismir, Director, Division of Mental Health, Department of Human Services; Darvin Hirsch, Director, Division of Developmental Disabilities, Department of Human Services; Carroll Burchinal, Director of Department of Vocational Education; Dr. Joseph Crawford, Superintendent of Public Instruction; Gary Gronberg, Director of Special Education Division of Department of Public Instruction; Dale Moug, Acting Director Department of Human Services; James O. Fine, Director of Division of Vocational Rehabilitation, Department of Human Services; Marcellus Hartze, Director of Division of Community Services, Department of Human Services, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 12, 1983.

Rehearing Denied September 8, 1983.


Attorney(s) appearing for the Case

Kapsner & Kapsner, Michael J. Williams, John C. Kapsner, Bismarck, N.D., Mary Deutsch Schneider, Fargo, N.D., for appellees.

Robert O. Wefald, Atty. Gen., State of N.D., Daniel Hovland, Allan Benson, Asst. Attys. Gen., Albert A. Wolf, Sp. Asst. Atty. Gen., Bismarck, N.D., for appellants.

Before BRIGHT and JOHN R. GIBSON, Circuit Judges, and HANSON, Senior District Judge.


BRIGHT, Circuit Judge.

Allen I. Olson, the Governor of North Dakota, and twelve other North Dakota State officials (hereinafter "the State") appeal three orders of the district court1 directing the State to take specific actions to rectify violations of the federal and state constitutional and statutory rights of residents of two North Dakota facilities for mentally retarded citizens and awarding...

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