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D.W. BY M.J. ON BEHALF OF D.W. v. ROGERS

No. 96-6400.

113 F.3d 1214 (1997)

D.W., a minor, by his next friend, M.J., on Behalf of D.W. and all others similarly situated, Plaintiff-Appellant, v. Virginia A. ROGERS, in her official capacity as the Commissioner of the Alabama Department of Mental Health and Retardation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 2, 1997.

Attorney(s) appearing for the Case

Robert D. Drummond, Jr., Montgomery, AL, for Plaintiff-Appellant.

G.R.(Rick) Trawick, Department of Mental Health & Mental Retardation, Bureau of Legal Services, Montgomery, AL, for Defendant-Appellee.

Before BIRCH and DUBINA, Circuit Judges, and RAFEEDIE, Senior District Judge.

DUBINA, Circuit Judge:

Plaintiff/Appellant D.W.1 appeals the district court's grant of summary judgment in favor of Defendant Virginia A. Rogers, Commissioner of the Alabama Department of Mental Health and Mental Retardation ("DMH/MR"),2 in this class action challenging the constitutionality of the DMH/MR's practices relating to the provision of care and treatment for children over the age of twelve who are...

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