P.C. v. McLAUGHLIN

No. 582, Docket 89-7565.

913 F.2d 1033 (1990)

P.C., Plaintiff-Appellee, v. Neil McLAUGHLIN, individually, Rod Copeland, individually and in his capacity as Director of Mental Health, William A. Dalton, individually and in his capacity as Vermont Commissioner of Mental Health, David Burrus, individually and in his capacity as Assistant Director of Mental Health, Jordan Derderian, individually and in his capacity as Protective Services Worker, Vermont Department of Mental Health, Theresa Wood, individually and in her capacity as Chief of Operations, Division of Mental Retardation Programs Department of Mental Health, Michael Chamberlain, individually and in his capacity as Sheriff of Windham County, State of Vermont, Stephen Kaagan, individually and in his capacity as Vermont Commissioner of Education, Defendants, Neil McLaughlin, individually, Rod Copeland, individually and in his capacity as Director of Mental Health, William A. Dalton, individually and in his capacity as Vermont Commissioner of Mental Health, and David Burrus, individually and in his capacity as Assistant Director of Mental Health, Jordan Derderian, individually and in his capacity as Protective Services Worker, Vermont Department of Mental Health, Theresa Wood, individually and in her capacity as Chief of Operations, Division of Mental Retardation Programs, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 6, 1990.


Attorney(s) appearing for the Case

Joseph L. Winn, Asst. Atty. Gen., State of Vt., Waterbury, Vt. (Jeffrey L. Amestoy, Atty. Gen., Dena Monahan, Asst. Atty. Gen., State of Vt., Waterbury, Vt., of counsel), for defendants-appellants.

John D. Shullenberger, Burlington, Vt. (Mickenberg, Dunn, Sirotkin and Dorsch, Burlington, Vt., Shirley Markland, Vermont Legal Aid, Inc., Rutland, Vt., of counsel), for plaintiff-appellee.

Before VAN GRAAFEILAND, CARDAMONE and ALTIMARI, Circuit Judges.


CARDAMONE, Circuit Judge:

The instant appeal is taken by several employees of the Vermont Department of Mental Health (Department) from an order entered in the United States District Court for the District of Vermont (Billings, J.). In a suit instituted by appellee P.C. alleging that appellants had deprived him of certain constitutional and statutory rights, their motion for summary judgment based on the defense of qualified immunity was denied. P.C., a mildly retarded...

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