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LELSZ v. KAVANAGH

Nos. 85-2485, 86-1166.

807 F.2d 1243 (1987)

John LELSZ, et al., Individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. John J. KAVANAGH, M.D., et al., Defendants-Appellants, and Parent Association For the Retarded of Texas, Intervenor-Appellant. John LELSZ, By and Through his parents and guardians, Mr. and Mrs. John LELSZ, et al., Plaintiffs-Appellees, v. John J. KAVANAGH, M.D., Individually and as Supt. of Denton State School, and his successors in office, Defendant-Appellant, and PARENTS ASSOCIATION FOR THE RETARDED OF TEXAS, Intervenor-Appellant, v. ASSOCIATION FOR RETARDED CITIZENS OF TEXAS and Advocacy, Inc., Intervenors-Appellees.

United States Court of Appeals, Fifth Circuit.

January 21, 1987.

Attorney(s) appearing for the Case

Paul Smith, Joel I. Klein, Washington, D.C., Toni Hunter, Asst. Atty. Gen., Austin, Tex., for Parents Ass'n.

Philip Durst, Austin, Tex., for Kavanagh, et al.

David Ferleger, Barbara Hoffman, Philadelphia, Pa., for Lelsz.

Janice L. Green, Austin, Tex., for Association for Retarded Citizens.

Diane Shisk, Austin, Tex., for Advocacy, Inc.

Before WISDOM, DAVIS, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

This saga began in 1974 when a class action was filed against officials of the Texas Department of Mental Health and Mental Retardation (MHMR)1 alleging widespread abuses of mentally retarded patients and advocating their habilitation in the "least restrictive alternative" setting as a minimum standard of care. Simultaneously, a class represented by the same counsel were pursuing the same relief in Pennsylvania...

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