SHAW BY STRAIN v. STRACKHOUSE

No. 89-2044.

920 F.2d 1135 (1990)

SHAW, Richard (Ricky), An Incompetent, by his parent and next friend, STRAIN, Jessie B., Appellant, v. STRACKHOUSE, A., Administratrix of the Estate of Patrick J. Strackhouse, Dec'd; Enochs, D.; Boyd, D.; Williams, T. Max, M.D.; Winkey, T.; Cosner, J.; Boekhoudt, B.; Morrison, S.; Saunders, T.; Gilnett, M.; Ferguson, F.; Brown, D.; Zappo, E.; Jennings, K.; Elvin, T.; Chinofsky, S.; Smith, J.; Patton, T.; Walleigh, L.; Smith, L.; Smith, E.; Eversole, M.; Stevens, J.; Shankeweiller, J., Appellees.

United States Court of Appeals, Third Circuit.

Decided December 6, 1990.


Attorney(s) appearing for the Case

Judith A. Gran (argued), Public Interest Law Center of Philadelphia, Philadelphia, Pa., Michael McDonnell, Drexel Hill, Pa., for appellant.

Mary Elizabeth Wolfe (argued), Wilson, Elser, Moskowitz, Edelman & Dicker, Philadelphia, Pa., for T. Max Williams, M.D., appellee.

Ernest D. Preate, Jr., Atty. Gen., David M. Donaldson (argued), Sr. Deputy Atty. Gen., Calvin R. Koons, Sr. Deputy Atty. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., Chief, Litigation Section, Philadelphia, Pa., for all appellees except T. Max Williams, M.D.

Before BECKER, GREENBERG, Circuit Judges and DUMBAULD, District Judge.


OPINION OF THE COURT

BECKER, Circuit Judge.

This is an appeal from the district court's grant of summary judgment against plaintiff/appellant Ricky Shaw, is a profoundly retarded man who resides at the state mental institution located in Embreeville, Pennsylvania. Shaw brought an action for damages under 42 U.S.C. § 1983 (1982) against some twenty-four employees of Embreeville, alleging that they had deprived him of constitutionally protected rights...

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