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WILLIAMS v. SECR. OF EXECUTIVE OFFICE OF HUMAN SERV.

414 Mass. 551 (1993)

609 N.E.2d 447

ALBERT WILLIAMS & others vs. SECRETARY OF THE EXECUTIVE OFFICE OF HUMAN SERVICES & another (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

March 11, 1993.

Attorney(s) appearing for the Case

Stephen H. Oleskey (David A. Wilson, J. Kent Wicker & Carla A. DiMare with him) for J.S. & another.

Steven A. Hitov (Ellen N. Wallace with him) for Albert Williams & others.

Douglas H. Wilkins, Assistant Attorney General, (William L. Pardee & Eleanor L. Coe, Assistant Attorneys General, with him) for the defendants.

Mitchell A. Kaplan & Michelle S. Wolf, for Lawyers Clearinghouse on Homelessness & Affordable Housing, amicus curiae, submitted a brief.

Steven J. Schwartz & Robert Fleischner, for Coalition for the Legal Rights of the Disabled & others, amici curiae, submitted a brief.

Bonnie Milstein of the District of Columbia, for Mental Health Law Project, amicus curiae, submitted a brief.

Present: LIACOS, C.J., ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.

ABRAMS, J.

These cases present a number of issues concerning the policies and practices of the Department of Mental Health (DMH), in providing services to patients under its care, and in discharging patients. The plaintiffs contend that the DMH's policies violate (1) the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq., P.L. 101-336, 104 Stat. 328 (1992); (2) § 504 of the Federal Rehabilitation Act of 1973, 29 U.S.C. § 794 (1988...

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