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THOMAS S. v. MORROW

Nos. 84-2254, 84-2255.

781 F.2d 367 (1986)

THOMAS S., Joyce M. Brooks, appt'd guardian ad litem, Appellee, v. Sarah T. MORROW, Secretary of N.C. Dept. of Human Resources, Appellant, and Allen Childress, guardian for pltf.; Benjamin Carpenter, Director of the County Dept. of Social Services; James Melton, Director of Gaston-Lincoln Area Mental Health Program; Harley B. Gaston, Jr., David Beam, David Hollifield, James Forrester, Dean Carpenter, Robert Heavner, Porter McAteet, Gaston County Commissioners, Defendants. THOMAS S., Joyce M. Brooks, appt'd guardian ad litem, Appellee, v. Allen CHILDRESS, guardian for pltf., Appellant, and Sarah T. Morrow, Secretary of N.C. Dept. of Human Resources; Benjamin Carpenter, Director of the County Dept. of Social Services; James Melton, Director of Gaston-Lincoln Area Mental Health Program; Harley B. Gaston, Jr., David Beam, David Hollifield, James Forrester, Dean Carpenter, Robert Heavner, Porter McAteet, Gaston County Commissioners, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 9, 1986.

Rehearing and Rehearing Denied February 19, 1986.

Attorney(s) appearing for the Case

Cathy J. Rosenthal, Associate Atty. Gen., Raleigh, N.C., Robert Gage, Morganton, N.C., Wilson Hayman, Asst. Atty. Gen., Raleigh, N.C. (Cox & Gage, Morganton, N.C., Lacy H. Thornburg, Atty. Gen., William F. O'Connell, Sp. Deputy Atty. Gen., Raleigh, N.C., on brief), for appellants.

Edward G. Connette, Charlotte, N.C., Roger Manus, Raleigh, N.C. (Harper, Connette & Stovall, Carolina Legal Assistance, Theodore O. Fillette, III, Legal Services of Southern Piedmont, Inc., Charlotte, N.C., on brief), for appellee.

Before WINTER, Chief Judge, HALL, Circuit Judge and BUTZNER, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied February 19, 1986.

BUTZNER, Senior Circuit Judge:

The primary issue in this appeal is whether the district court properly applied the principles explained in Youngberg v. Romeo, 457 U.S. 307, 102 S.Ct. 2452, 73 L.Ed.2d 28 (1982). In Youngberg the Court recognized that a patient in a state mental institution has a right to "adequate food, shelter, clothing, and medical care...

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