WYATT BY AND THROUGH RAWLINS v. HANAN

Civ. A. No. 3195-N.

871 F.Supp. 415 (1994)

Ricky WYATT, by and through his aunt and legal guardian Mrs. W.C. RAWLINS, Jr., et al., Plaintiffs, Diane Martin, et al., Plaintiff-Intervenors, v. Richard E. HANAN, as Commissioner of Mental Health and Mental Retardation, and the State of Alabama Mental Health Officer, et al., Defendants, United States of America, Amicus Curiae.

United States District Court, M.D. Alabama, Northern Division.

October 28, 1994.


Attorney(s) appearing for the Case

Fern Singer, Watterson & Singer, Birmingham, AL, James A. Tucker, ACLU of Alabama, Montgomery, AL, Ira A. Burnim, Andrew Bridge, Shelley Jackson, Claudia Schlosberg, Ellen Harris, Mary Giliberti, Bazelon Center for Mental Health Law, James M. Lichtman, Ropes & Gray, Washington, DC, Kathryn H. Sumrall, Jackson, Garrison & Sumrall, P.C., Birmingham, AL, for plaintiff Ricky Wyatt, by and through his aunt and legal guardian, Mrs. W.C. Rawlins, Jr.

Fern Singer, Watterson & Singer, Birmingham, AL, James A. Tucker, ACLU of Alabama, Montgomery, AL, Ira A. Burnim, Andrew Bridge, Shelley Jackson, Ellen Harris, Mary Giliberti, Bazelon Center for Mental Health Law, James M. Lichtman, Ropes & Gray, Washington, DC, for plaintiffs Glenda Brandner, by and through her husband and legal guardian Wolfgang Brandner, David S. Schoel, by and through his father and legal guardian, J. Fred Schoel, Jr., Dr. D.A.R. Peyman, Joseph L. Moudry, Brenda N. Stacey, William Holden, Jr., and Amelia B. Heath, for themselves and all others similarly situated.

David Ferleger, Philadelphia, PA, Drew P. Baker, Reuben Wright Cook, Victoria Ann Farr, Alabama Disabilities Advocacy Program, Tuscaloosa, AL, for intervenors-plaintiffs Diane Martin, Mary Beth Parker, William Smith, Adelia Keebler, Michael Guins, Richard Mills, Kim Smelley, Frankie Hopkins, Kenneth Cook and Wayne Williams.

Mary Elizabeth Culberson, Office of Atty. Gen., Alabama State House, Gregory Dale Crosslin, Robert E. Sasser, James Darrington Hamlett, Clifton E. Slaten, Charles Brinsfield Campbell, Patrick C. Davidson, Sasser & Littleton, P.C., June O. Lynn, G.R. (Rick) Trawick, Milton J. Westry, Dept. of Mental Health & Mental Retardation, Montgomery, AL, Ricky J. McKinney, Watson, Harrison & deGraffenried, Tuscaloosa, AL, for defendant Richard E. Hanan, as Com'r of Mental Health and State of Ala. Mental Health Officer.

Mary Elizabeth Culberson, Office of Atty. Gen., Alabama State House, Gregory Dale Crosslin, Robert E. Sasser, James Darrington Hamlett, Clifton E. Slaten, Charles Brinsfield Campbell, Patrick C. Davidson, Sasser & Littleton, P.C., June O. Lynn, G.R. (Rick) Trawick, Milton J. Westry, Dept. of Mental Health & Mental Retardation, Montgomery, AL, for defendants Henry Steagall, individually and in his capacity as Director of Finance for State of Ala., Tom Brassell, individually and in his capacity as Comptroller of State of Ala., Annie Laurie Gunter, individually and in her capacity as Treasurer of State of Ala. and Ken Wallis, as Receiver of mental illness and mental retardation operation.

Kenneth E. Vines, U.S. Atty's Office, Montgomery, AL, Deval L. Patrick, Robinsue Frohboese, Judith C. Preston, Tawana E. Davis, U.S. Dept. of Justice, Civil Rights Div., Sp. Litigation Section, Washington, DC, for amicus curiae U.S.


ORDER

MYRON H. THOMPSON, Chief Judge.

This longstanding litigation is again before the court, this time on the defendants' appeal, filed on September 2, 1994,1 from an order entered by the United States Magistrate Judge on September 1, 1994,2 holding that the plaintiffs' retained expert, Gerald Provencal, should not be disqualified — at least, for discovery purposes.

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