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KENTUCKY ASS'N FOR RETARDED CITIZENS v. CONN

No. 80-3560.

718 F.2d 182 (1983)

KENTUCKY ASSOCIATION FOR RETARDED CITIZENS, INC., et al., Plaintiffs-Appellants, v. Peter CONN, Secretary, Kentucky Department of Human Resources, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 30, 1983.

Attorney(s) appearing for the Case

Brian P. Lawlor, argued, Legal Aid Soc., Inc., Henry A. Triplett, Louisville, Ky., Herbert B. Newberg, Philadelphia, Pa., Henry B. Hinton, Jr., Kentucky Juvenile Justice Assistance Project, Morehead, Ky., for plaintiffs-appellants.

James A. Shuffett, Shuffett, Kenton, Curry & Karem, Cathy Lowe, Lexington, argued for Excepticon & Lorenzen.

Martin Z. Kasdan, Jr., Paul F. Fauri, Frankfort, Ky., argued for Conn, McElwain, Lewis, Dir. — Mental Health & Pulliam.

Charles Wickliffe, Gen. Counsel, Frankfort, Ky., for McClure.

H. Hunter Durham, Columbia, Ky., for Lorenzen.

Charles W. Dobbins, Jr., Louisville, Ky., for guardian ad litem.

Steven J. Schwartz, Robert D. Fleischner, Western Massachusetts Legal Services, Northampton, Mass., for amicus curiae Mental Patients Advocacy Project.

William Bradford Reynolds, Asst. Atty. Gen., Leonard Rieser, Atty., U.S. Dept. of Justice, Washington, D.C., for amicus curiae, U.S.A.

James D. Crawford, Joyce S. Meyers, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for amicus curiae (Nat. Ass'n for Retarded Citizens).

Before MERRITT and KENNEDY, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PHILLIPS, Senior Circuit Judge.

This class action was filed by the Kentucky Association for Retarded Citizens and others alleging violations of constitutional and statutory rights of certain mentally retarded citizens housed at the Outwood Facility for the mentally retarded, operated by the Commonwealth of Kentucky at Dawson Springs, Kentucky. In their amended complaint plaintiffs sought, among other things, preliminary and permanent injunctions to halt the planned...

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