ASS'N FOR RETARDED CITIZENS OF CONN. v. THORNE

No. 1663, Docket 93-9049.

30 F.3d 367 (1994)

The ASSOCIATION FOR RETARDED CITIZENS OF CONNECTICUT, INC., William Brilla, by his parents and next friends, Mr. and Mrs. Anthony Brilla, Ann Marie Olenick, by her mother and next friend, Mrs. Robert Olenick, Marie Jennie Fortin, by her father and next friend, George Fortin, Cheryl Eaton, by her mother and next friend, Ruth Eaton, Allan Riccardi, by his mother and next friend, Helen Riccardi, David Meli, by his mother and next friend, Alicia Meli, Joseph Rittlinger, by his parents and next friends, Mr. and Mrs. Adam Rittlinger, Gary Rotonto, Stephen Ogren, Tina Sandahl, by her parents and next friends, Mr. and Mrs. Eric Sandahl, Philip Teitelman, by his parents and next friends, Mr. and Mrs. Samuel Teitelman, Kristina Arnold, by her parents and next friends, Mr. and Mrs. Theodore Arnold, Lisa French, by her mother and next friend, Carolyn Bullard, Stephen Benson, by his father and next friend, Robert Benson, Mansfield Parents Association, Plaintiffs-Appellees, v. Gareth THORNE, Commissioner Department of Mental Retardation, Commissioner, Connecticut Department of Social Services, Commissioner, Connecticut Department of Children & Families, Defendants, Commissioner, Connecticut Department of Public Health & Addiction Services, Defendant-Appellant, New England Health Care Union, District 1199, Intervenor, United States of America, Litigating Amicus Curiae.

United States Court of Appeals, Second Circuit.

Decided July 25, 1994.


Attorney(s) appearing for the Case

David C. Shaw, Hartford, CT, for plaintiffs-appellees.

Henry A. Salton, Ass't Atty. Gen., Hartford, CT (Richard Blumenthal, Atty. Gen. for the State of Conn., Richard J. Lynch, Ass't Atty. Gen., of counsel), for defendant-appellant.

Before: LUMBARD, ALTIMARI, and WALKER, Circuit Judges.


WALKER, Circuit Judge:

The Commissioner of the Connecticut Department of Public Health & Addiction Services, formerly known as the Department of Health Services (hereinafter "DHS"), appeals from a judgment of the United States District Court for the District of Connecticut (Alfred V. Covello, Judge), granting plaintiffs' motion to join DHS as a defendant in this action and issuing a preliminary injunction requiring DHS to abide by the terms of a previously...

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