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GOEBEL v. COLORADO DEPT. OF INSTITUTIONS

No. 91SC218.

830 P.2d 1036 (1992)

Ruth GOEBEL, Kathy Edmiston, George Wooten, Lee A. Williams, Jr., Laura Munson, and All Other Similarly Situated Persons, and Jessie Arevalo, Lindsey Griffith, Robert Phares, Bill Pemberton, Individually and on Behalf of the Class of Persons herein described, Petitioners, v. COLORADO DEPARTMENT OF INSTITUTIONS, Henry Solano, in his official capacity as the Director of the Colorado Department of Institutions; City and County of Denver, Federico Peña, in his official capacity as Chief Executive of the City; Thomas Moe, in his official capacity as the acting Director of the Department of Health and Hospitals; and Edmond Casper, in his official capacity as Director of Psychiatric Services, Department of Health and Hospitals, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 29, 1992.

Attorney(s) appearing for the Case

James W. Dean, Legal Aid Soc. of Metropolitan Denver, Inc., and Kathleen Mullen, Law Offices of Kathleen Mullen, Denver, petitioners.

Rodney R. Patula, Pryor, Carney & Johnson, P.C., Englewood, for Colo. Lawyers Committee.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Stacy L. Worthington, Asst. Atty. Gen., Margery T. Bornstein, Sp. Asst. Atty. Gen., Denver, for State of Colo.

Daniel E. Muse, City Atty., Morris P. Evans, Niels Loechell, R.W. Hibbard III, Asst. City Attys., Denver, for City and County of Denver.

Justice MULLARKEY delivered the Opinion of the Court.

We granted certiorari prior to judgment by the court of appeals pursuant to C.A.R. 50 to consider whether the trial court erred in defining the class of plaintiffs entitled to relief on the claims asserted under the Colorado Act for the Care and Treatment of the Mentally Ill (the Act). See §§ 27-10-101 to -129, 11B C.R.S. (1989 & 1991 Supp.). This is only one of several issues raised on appeal...

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