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BROOKS v. GIULIANI

No. 1421, Docket 95-9178.

84 F.3d 1454 (1996)

Lynda BROOKS; Verna Hobson; Geraldine Bavaro; Harriet Eaton; Jane Doe; and Richard Doe, as parents and guardians of, respectively, Michael Brooks; Theresa Hobson; Lisa Bavaro; Jill Eaton; John Doe; and Rachel Roe, Plaintiffs-Appellees, v. Rudolph W. GIULIANI, as Mayor of the City of New York; Marva Livingston Hammons, as Commissioner of the New York City Human Resources Administration, Child Welfare Administration and New York City, Defendants, George E. Pataki, 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; James L. Stone, as Commissioner of the New York State Office of Mental Health and Brian J. Wing, as acting Commissioner of the New York State Department of Social Services, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 31, 1996.

Attorney(s) appearing for the Case

Amy L. Abramowitz, Assistant Attorney General, New York City (Dennis C. Vacco, Attorney General of the State of New York; Barbara G. Billet, Deputy Solicitor General; Thomas D. Hughes, Assistant Solicitor General, New York City, of counsel), for Defendants-Appellants.

William J. Burke, Burke & Stone, New York City (Lisa K. Friedman, New York City; Robert M. Freedman, Freedman and Fish, New York City, of counsel) for Plaintiffs-Appellees.

(Michael Prieto, New York City), for Susan Shafran-Torres, Edward W. and Ethel B. Chapin, Myron and Lorraine Slaff, Marie Washington, Corine Watson, Carlos Casoria, Marian Nurenberg, Helen Thurman, Mary Dowling, and Roger Leveille, as parents and guardians of, respectively, David Torres, Bruce Chapin, Mathew Slaff, Jacque Washington, Sean Watson, Janine Casoria, Elly Nurenberg, Ernie Thurman, Antonio Staton, and Loudy Leveille, amici curiae.

(Thomas E. Coval, Clover & Coval, Willow Grove, PA), for Woods Services, as amicus curiae.

Before: WINTER, JACOBS, and PARKER, Circuit Judges.

Judge PARKER dissents in a separate opinion.

JACOBS, Circuit Judge:

The United States District Court for the Eastern District of New York (Trager, J.) entered a preliminary injunction requiring, inter alia, that New York state agencies pay for certain of its severely disabled citizens (plaintiffs here) to live in out-of-state institutions until such time as the State, employing "evaluation procedures evincing the exercise of professional judgment...

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