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PENNSYLVANIA PROTECTION & ADVOCACY v. HOUSTOUN

No. 99-1969.

228 F.3d 423 (2000)

PENNSYLVANIA PROTECTION & ADVOCACY, INC. v. Feather HOUSTOUN, In her Official Capacity as Secretary of the Department of Public Welfare of the Commonwealth of Pennsylvania; Charles Curie, in his Official Capacity as Deputy Secretary of the Office of Mental Health of the Department of Public Welfare of the Commonwealth of Pennsylvania; Gregory M. Smith, in his Official Capacity as the Superintendent of Allentown State Hospital, Appellants.

United States Court of Appeals, Third Circuit.

Filed October 3, 2000.

Attorney(s) appearing for the Case

James M. Sheehan, General Counsel, John A. Kane, Chief Counsel, Howard Ulan, Senior Asst. Counsel (argued), Department of Public Welfare, Office of Legal Counsel, Harrisburg, PA, Attorneys for Appellants.

David M. Allen Schuyler, Roche & Zwirner, Chicago, IL, Attorney for Amicus-Appellant.

Mark J. Murphy (argued), Disabilities Law Project, Pittsburgh, PA, Ilene W. Shane, Robin Resnick, Disabilities Law Project, Philadelphia, PA, Attorneys for Appellee.

S. Paul Prior, New Jersey Protection & Advocacy, Inc., Trenton, NJ, Attorney for Amicus-Appellee.

Before: ALITO and RENDELL, Circuit Judges, and DUHÉ, Senior Circuit Judge.

OPINION OF THE COURT

ALITO, Circuit Judge:

In 1986, Congress enacted the Protection and Advocacy for Mentally Ill Individuals Act (PAMII), Pub.L. No. 99-319, 100 Stat. 478 (codified at 42 U.S.C. §§ 10801-10905). The Act provides funding for the states to establish independent organizations (referred to in the Act as "eligible systems") that monitor and protect the rights of the mentally ill. See 42 U.S.C. § 10803. These organizations...

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