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HUGHES ON BEHALF OF DAVID v. CUOMO

No. 94-CV-6267L.

862 F.Supp. 34 (1994)

Arlene A. HUGHES, as Director of the Mental Hygiene Legal Service, Fourth Department, on behalf of William DAVID, Plaintiff, v. Mario CUOMO, as Governor of the State of New York; Thomas A. Maul, as Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities; Fred F. Finn, as Director of the Oswald D. Heck/Eleanor Roosevelt Developmental Disabilities Service Office; and Barbara Hawes, as Director of the Sunmount Developmental Disabilities Service Office, Defendants.

United States District Court, W.D. New York.

August 31, 1994.

Attorney(s) appearing for the Case

Dana Ragsdale, Mental Hygiene Legal Service, Fourth Judicial Dept., Rochester, NY, for plaintiff.

Carlos Rodriguez, Asst. Atty. Gen., Rochester, NY, for defendants.

DECISION AND ORDER

LARIMER, District Judge.

Arlene A. Hughes, Director of the Mental Hygiene Legal Service, brings this action under 42 U.S.C. § 1983 on behalf of William David ("David" or "plaintiff"), who since 1986 has been a resident of the Monroe Secure Unit for Intensive Treatment ("MSU") at the Monroe Developmental Center in Rochester. Plaintiff contends that defendants' failure to place him in a less restrictive, community-based setting...

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