THOMAS S., by his guardian ad litem, Joyce M. BROOKS; Jeanette H.; Todd C.; Phillip B.; Margaret R., by her guardian ad litem, Cornelius Manly, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees,
v.
David T. FLAHERTY, Secretary, North Carolina Department of Human Resources, Defendant-Appellant, and
Allen Childress, guardian for the plaintiff; Benjamin Carpenter, Director of the County Department of Social Services; James Melton, Director of Gaston-Lincoln Area Mental Health Program; Gaston County Commissioners, to wit: Harley B. Gaston, Jr., David Beam, David Hollifield, James Forrester, Dean Carpenter, Robert Heavner, Porter McAteet, Defendants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued December 5, 1989.
Decided May 2, 1990.
As Amended May 23, 1990.
Attorney(s) appearing for the Case
Wilson Hayman, Asst. Atty. Gen., David McLean Parker, Asst. Atty. Gen. (argued), Raleigh, N.C., for defendant-appellant.
Roger Todd Manus (argued), Raleigh, N.C., for plaintiffs-appellees.
Lacy H. Thornburg, Atty. Gen., Reginald L. Watkins, Sp. Deputy Atty. Gen., on brief, Raleigh, N.C., for defendant-appellant.
Deborah Greenblatt, Christine O. Heinberg, Carolina Legal Assistance Inc., Raleigh, N.C., Edward G. Connette, III, Gillespie, Lesesne & Connette, Theodore O. Fillette, Legal Services of Southern Piedmont, Inc., on brief, Charlotte, N.C., for plaintiffs-appellees.
Before HALL, Circuit Judge, BUTZNER, Senior Circuit Judge, and WILLIAMS, United States District Judge for the Eastern District of Virginia, sitting by designation.
United States Court of Appeals, Fourth Circuit.
BUTZNER, Senior Circuit Judge.
This case is the class action phase of litigation about the constitutional rights of mentally retarded patients in public psychiatric hospitals in North Carolina. In Thomas S. v. Morrow,781 F.2d 367 (4th Cir.1986) (Thomas II), this court affirmed the district court's grant of summary judgment for the named plaintiff Thomas S. against the Secretary of the North Carolina Department of Human...
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