GONZALEZ v. MARTINEZ

No. 89-6283-CIV.

756 F.Supp. 1533 (1991)

Francisco GONZALEZ, Deidra E. Sanbourne, Paul B., Abby G., Curtis G., Roger G., Helen L., Larry M. and Mark W., By and Through their next friend, Peter L. Nimkoff; and the Advocacy Center for Persons With Disabilities, Inc., individually and on behalf of all others similarly situated, Plaintiffs, v. Bob MARTINEZ, in his official capacity as Governor, State of Florida; Gregory L. Coler, in his official capacity as Secretary of Florida Department of Health and Rehabilitative Services; David Sofferin, in his official capacity as Administrator, South Florida State Hospital; and R.J. Castellanos, in his official capacity as Acting Director of Division of Risk Management, State of Florida, Defendants.

United States District Court, S.D. Florida.

January 18, 1991.


Attorney(s) appearing for the Case

Alice K. Nelson and Jodi Siegel, Southern Legal Counsel, Inc., Gainsville, Fla., Deborah Whisnant, The Advocacy Center for Persons With Disabilities, Inc., Tallahassee, Fla., for plaintiffs.

Charles A. Finkel, Dept. of Legal Affairs, Tallahassee, Fla., Howard M. Talenfeld, North Miami, Fla., for defendants Martinez, Coler, Sofferin.

Peter D. Ostreich, Office of Treas., Dept. of Ins., Tallahassee, Fla., for defendant Castellanos.


ORDER

NESBITT, District Judge.

This case presents the novel question of the extent to which Plaintiff Advocacy Center for Persons With Disabilities, Inc. must exhaust available administrative remedies pursuant to the Protection and Advocacy for Mentally Ill Individuals Act of 1986, 42 U.S.C. § 10801, et seq., before filing a complaint in federal court alleging civil rights violations on behalf of institutionalized individuals who are mentally...

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