DOE BY DOE v. COWHERD

No. 91-5932.

965 F.2d 109 (1992)

Samuel DOE, by his mother and next friend, Mary DOE, on behalf of himself and all others similarly situated, Plaintiffs-Appellees, v. Harry J. COWHERD, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 1, 1992.


Attorney(s) appearing for the Case

Kelly A. Miller (argued and briefed), Glenna J. Curry, Ronald E. Marstin, Legal Aid Soc., Louisville, Ky., for plaintiffs-appellees.

Ryan M. Halloran, Gen. Counsel, E.D. Klatte, Staff Atty., Cabinet for Human Resources Office of the Counsel, Frankfort, Ky., William K. Moore, Staff Atty. (argued and briefed), Midway, Ky., for defendant-appellant.

Before: KEITH, Circuit Judge; LIVELY, Senior Circuit Judge; and COHN, District Judge.


KEITH, Circuit Judge.

Defendant Harry J. Cowherd ("defendant") appeals the judgment of the district court, 770 F.Supp. 354, ordering the State of Kentucky to amend its release and admissions procedures for mentally retarded persons at the State's institutions. For the reasons outlined below, we AFFIRM in part and REVERSE in part.

I.

This is a class action brought pursuant to the Civil Rights Act of 1871, 42 U...

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