COOPER v. NEW YORK STATE OFFICE OF MENTAL HEALTH

Docket Nos. 97-9367, 97-9433 and 97-9543.

162 F.3d 770 (1998)

Ralph A. COOPER, Plaintiff-Appellee, v. NEW YORK STATE OFFICE OF MENTAL HEALTH, Bryan F. Rudes and Richard A. Lallier, Defendants-Appellants. John L. METE and Merrill J. Gottlieb, individually and on behalf of all other persons similarly situated, Plaintiffs-Appellees, v. NEW YORK STATE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES and New York State Department of Civil Service, Defendants-Appellants. Clifford DAVIS; Billie Levy, Executrix of the Estate of Nathan Levy, Jr.; and Robert Bard, Plaintiffs-Appellees, v. BOARD OF TRUSTEES OF THE UNIVERSITY OF CONNECTICUT and The University of Connecticut, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 23, 1998.


Attorney(s) appearing for the Case

Lisa LeCours, Albany, NY, Assistant Attorney General of the State of New York (Dennis C. Vacco, Attorney General of the State of New York, Peter H. Schiff, Deputy Solicitor General, of Counsel), for Defendants-Appellants.

Paul M. Shapiro, Storrs, CT, Assistant Attorney General for the State of Connecticut (Richard Blumenthal, Attorney General of the State of Connecticut, Gregory T. D'Auria and Bernard F. McGovern, Jr., Assistant Attorneys General, of Counsel and on the brief), for Defendants-Appellants.

Pauline R. Kinsella, Albany, NY (Hinman, Straub, Pigors & Manning, P.C., Deirdre Roney, of Counsel, for Plaintiff-Appellee Ralph A. Cooper; Law Offices of Leonard N. Flamm, New York City, for Plaintiffs-Appellees John L. Mete, et al.), for Plaintiffs-Appellees.

Geoffrey Judd Vitt, Norwich, VT (Brooks, McNally, Platto & Vitt, P.C., Eric D. Jones, of Counsel), for Plaintiffs-Appellees Clifford Davis, et al.

Seth M. Galanter, Washington, DC, Department of Justice, Civil Rights Division (Bill Lann Lee, Acting Assistant Attorney General, Jessica Dunsay Silver, of Counsel), for United States as Intervenor.

American Association of Retired Persons, Washington, DC (Cathy Ventrell-Monsees, Melvin Radowitz, of Counsel), for the American Association of Retired Persons, Amicus Curiae.

Before: FEINBERG, KEARSE and STRAUB, Circuit Judges.


FEINBERG, Circuit Judge:

Defendants-appellants in two of these three appeals are agencies or officials of New York State and defendants-appellants in the third appeal are the University of Connecticut and its Board of Trustees. The appeals are from two orders of the United States District Court for the Northern District of New York, one by Frederick J. Scullin, Jr., J., and the other by Neal P. McCurn, J., and an order of the United States District Court for District...

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