WYATT BY AND THROUGH RAWLINS v. POUNDSTONE

Civ. A. No. 3195-N.

892 F.Supp. 1410 (1995)

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. R. Emmett POUNDSTONE, III, 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.

July 11, 1995.


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, Washington, DC, James M. Lichtman, Ropes & Gray, Washington, DC, and Kathryn H. Sumrall, Jackson, Garrison & Sumrall, P.C., Birmingham, AL, for plaintiffs.

David Ferleger, Philadelphia, PA, and Drew P. Baker, Reuben Wright Cook, and Victoria Ann Farr, Alabama Disabilities Advocacy Program, Tuscaloosa, AL, for intervenors-plaintiffs.

Mary Elizabeth Culberson, Office of the Atty. Gen., Montgomery, AL, Gregory Dale Crosslin, Robert E. Sasser, James Darrington Hamlett, Clifton E. Slaten, Charles Brinsfield Campbell, Patrick C. Davidson, Sasser & Littleton, P.C., Montgomery, AL, June O. Lynn, G.R. (Rick) Trawick, Milton J. Westry, Dept. of Mental Health & Mental Retardation, Montgomery, AL, and Ricky J. McKinney, Watson, Harrison & deGraffenried, Tuscaloosa, AL, for defendants.

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


MEMORANDUM OPINION

MYRON H. THOMPSON, Chief Judge.

The plaintiffs in this ongoing class-action lawsuit first sued officials of the State of Alabama over 24-years ago, claiming that conditions at facilities operated by the Alabama Department of Mental Health and Mental Retardation violated residents' rights under federal law. On January 22, 1993, the plaintiffs moved to enforce a 1986 consent decree and for further relief, claiming that defendant state...

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