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Y.A. BY FLEENER v. BAYH

No. 49A05-9311-CV-00421.

657 N.E.2d 410 (1995)

Y.A. BY Her Next Friend and Guardian Ad Litem, Michael FLEENER, On Her Own Behalf and On Behalf of Those Similarly Situated, Appellants-Plaintiffs, v. Evan BAYH, in His Official Capacity As Governor of the State of Indiana; Jeff Richardson, in His Official Capacity As Secretary of the Indiana Family and Social Services Administration; Robert Dyer, in His Official Capacity As Director of the Indiana Division of Mental Health; Indiana Division of Mental Health; State of Indiana, Appellees-Defendants.

Court of Appeals of Indiana.

November 8, 1995.

Attorney(s) appearing for the Case

Kenneth J. Falk, Christopher B. Haile, John Jay Boyce, Indianapolis, for Appellants and Class.

Milo Gray, Jr., Dana Long, Indiana Advocacy Services, Indianapolis, for a Number of Intervening Appellants.

Wayne O. Adams, III, David D. Robinson, Johnson, Smith, Densborn, Wright & Heath, Indianapolis, Richard A. Waples, Legal Director, Indiana Civil Liberties Union, Indianapolis, for Amicus Curiae Indiana Civil Liberties Union.

Pamela Carter, Attorney General of Indiana, Terry G. Duga, Deputy Attorney General, Indianapolis, for Appellees.

OPINION

RUCKER, Judge.

In this class action lawsuit plaintiffs sought an order declaring the legal duty of defendants to provide plaintiffs with long-term psychiatric residential care. Plaintiffs also sought mandatory injunctive relief requiring defendants to provide safe, appropriate, and therapeutic placements. Both sides filed motions for summary judgment. The trial court granted summary judgment in favor of defendants and plaintiffs now appeal raising...

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