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MISSISSIPPI PROTECTION & ADVOCACY SYSTEM v. COTTEN

No. 89-4806.

929 F.2d 1054 (1991)

MISSISSIPPI PROTECTION & ADVOCACY SYSTEM, INC., et al., Plaintiffs-Appellees, v. Paul COTTEN, Individually and in His Official Capacity, Etc., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 6, 1991.

Attorney(s) appearing for the Case

T. Hunt Cole, Belinda J. Stevens, Asst. Attys. Gen., Mike Moore, Atty. Gen., Jackson, Miss., for defendants-appellants.

Shirley Payne, Horne & Payne, Jackson, Miss., Catherine Blakemore, Joseph C. Rhine, Protection & Advocacy Inc., Glendale, Cal., Daniel Pone, Protection & Advocacy Inc., Oakland, Cal., Ronald K. Lospennato, Disabilities Rights Ctr, Concord, N.H., for amicus curiae-Nat. Asso.

Before BROWN, POLITZ, and JOHNSON, Circuit Judges.

POLITZ, Circuit Judge:

Paul Cotten, the Director of the state mental retardation center in Boswell, Mississippi, and the other defendants (hereafter collectively "Center") appeal an adverse summary judgment and mandatory injunction entered against them in their official capacities as representatives of the State of Mississippi. Finding no error, we affirm.

Background

The Boswell Retardation Center is a state-owned and operated facility for...

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