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WYATT BY AND THROUGH RAWLINS v. ROGERS

Nos. 95-6637, 95-6875.

92 F.3d 1074 (1996)

Ricky WYATT, By and Through his Aunt and Legal Guardian, Mrs. W.C. RAWLINS, Jr.; 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.; D.A.R. Peyman, Dr., for himself and all others similarly situated; Joseph L. Moudry, for himself and all others similarly situated; et al., Plaintiffs-Appellees, Diane Martin; Mary Beth Parker; William Smith; Adelia Keebler; Michael Guins, et al., Plaintiffs-Intervenors-Appellees, v. Virginia ROGERS, as Commissioner of Mental Health and the State of Alabama Mental Health Officer; James F. Reddoch, Jr., Director, Bryce Hospital; John T. Bartlett, Searcy Hospital; Kay V. Greenwood, North Alabama Regional Hospital; Dr. Larry L. Latham, Greil Memorial Psychiatric Hospital; et al., Defendants-Appellants, United States of America, Amicus.

United States Court of Appeals, Eleventh Circuit.

August 8, 1996.

Attorney(s) appearing for the Case

Gregory Dale Crosslin, Sasser & Littleton, P.C., Montgomery, AL, for defendants-appellants in No. 95-6637.

Judith C. Preston, Tawana E. Davis, U.S. Dept. of Justice, Washington, DC, Rebecca K. Troth, U.S. Atty., Washington, DC, for amicus.

Ira A. Burnim, Claudia Schlosberg, Shelley Jackson, Judge David L. Bazelon Center for Mental Health Law, Washington, DC, David Ferleger, Philadelphia, PA, Drew P. Baker, Alabama Disabilities Advocacy Program, Tuscaloosa, AL, for plaintiffs-appellees.

Greg D. Crosslin, Charles B. Campbell, Sasser & Littleton, P.C., Montgomery, AL, for defendants-appellants in No. 95-6875.

Before TJOFLAT, Chief Judge, and RONEY and CAMPBELL, Senior Circuit Judges.

TJOFLAT, Chief Judge:

I.

This case began on October 23, 1970, when patients at Bryce Hospital, a state-run institution for the mentally ill in Tuscaloosa, Alabama, filed suit in the United States District Court for the Middle District of Alabama against the commissioner and deputy commissioner of the Alabama Department of Mental Health and Mental Retardation ("DMH/MR"), the members of the Alabama Mental Health Board, the governor of Alabama, and Alabama...

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