U.S. v. STATE OF COLO.

No. 90-1307.

937 F.2d 505 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. STATE OF COLORADO; Roy Romer, Governor of the State of Colorado; Colorado Department of Institutions; Frank A. Taylor, M.D., Executive Director, Colorado Department of Institutions; Jeffrey A. Sandler, Director, Colorado Department of Institutions, Division for Developmental Disabilities; Raymond Del Turco, Superintendent Wheat Ridge Regional Center, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 25, 1991.


Attorney(s) appearing for the Case

Michael J. Norton, U.S. Atty., John R. Dunne, Asst. Atty. Gen., Dennis J. Dimsey and Miriam R. Eisenstein, Dept. of Justice, on the briefs, for plaintiff-appellant.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Maurice G. Knaizer, Deputy Atty. Gen., Larry A. Williams, First Asst. Atty. Gen., and Carolyn Lievers, Asst. Atty. Gen., on the briefs, for defendants-appellees.

Before LOGAN, MOORE and BALDOCK, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

The United States appeals from the district court's denial of its motion to modify a consent decree entered into by the United States and the State of Colorado. The government argues that the district court improperly modified the agreement reached by the parties when entering the decree. We agree and reverse.

This case originated on July 10, 1986, when the United States filed suit against Colorado under the Civil Rights of Institutionalized...

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