INSTITUTIONALIZED JUVENILES v. SEC. OF PUB. WEL.

Nos. 83-1696, 83-1722.

758 F.2d 897 (1985)

INSTITUTIONALIZED JUVENILES in Pennsylvania institutions for the mentally ill and the mentally retarded, namely, Kevin S.; Richard S.; James Paul M.; Raymond C.; William B.; Francis B.; Maria L.; Thomas W.; Nancy Louise D.; Gina S.; and George S., by their next friend and guardian ad litem, David Ferleger, individually and on behalf of all others similarly situated, Appellees in No. 83-1696, Cross-Appellants in No. 83-1722 v. SECRETARY OF PUBLIC WELFARE, Commonwealth of Pennsylvania, Frank Beal; John Fong, Director of Haverford State Hospital; Nicholas D'Aluisio, Director of Polk State School and Hospital; C. Duane Youngberg, Director of Pennhurst State School and Hospital, sued as representative of all others similarly situated, Appellants in No. 83-1696, Cross-Appellees in No. 83-1722.

United States Court of Appeals, Third Circuit.

Decided March 26, 1985.


Attorney(s) appearing for the Case

Allen C. Warshaw (argued), Deputy Atty. Gen., Harrisburg, Pa., for appellants in No. 83-1696, cross-appellees in No. 83-1722.

Herbert B. Newberg (argued), Philadelphia, Pa., David Ferleger, Philadelphia, Pa., for appellees in No. 83-1696, cross-appellants in No. 83-1722.

Before SEITZ, HUNTER, BECKER, Circuit Judges.


TABLE OF CONTENTS

                                                                           Page

  I. THE UNDERLYING LITIGATION ............................................ 901
     A. Plaintiffs' Original Complaint .................................... 901
     B. The 1973 Regulations .............................................. 903
     C. Three-Judge Court Decision ........................................ 903
     D. The 1976 Act and Regulations...

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