No. 97-8538.

138 F.3d 893 (1998)

L.C., by Jonathan ZIMRING as guardian ad litem and next friend; E.W., Plaintiffs-Appellees, v. Tommy OLMSTEAD, Commissioner of the Department of Human Resources; Richard Fields, Superintendent of Georgia Regional Hospital at Atlanta; Earnestine Pittman, Executive Director of the Fulton County Regional Board, all in their official capacities, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 8, 1998.

Attorney(s) appearing for the Case

William F. Amideo, Office of the State Atty. Gen., Atlanta, GA, Patricia Downing, Atlanta, GA, Jefferson James Davis, Decatur, GA, for Defendants-Appellants.

Susan C. Jamieson, Atlanta Legal Aid Society, Decatur, GA, Steven D. Caley, Atlanta Legal Aid Society, Atlanta, GA, for Plaintiffs-Appellees.

Marie K. McElderry, USDOJ, Washington, DC, for Amicus: U.S.A.

Michele Arington, Howrey & Simon, Lois G. Williams, Washington, DC, for Amicus: American Assoc. of Mental Retardation.

Ellen M. Saideman, Ft. Lauderdale, FL, for Amicus: Advocacy Center for Persons with Disabilities, et al.

Before TJOFLAT and BARKETT, Circuit Judges, and PROPST, Senior District Judge.

BARKETT, Circuit Judge:

Tommy Olmstead, Richard Fields, and Earnestine Pittman, (collectively "the State"), defendants in the district court, appeal an adverse summary judgment granting declaratory and injunctive relief to plaintiffs L.C. and E.W.,1 two patients then-housed in a state psychiatric hospital.2 In May 1995, L.C. filed this action challenging her continued confinement at the Georgia Regional Hospital...


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