O'BANNON v. SCHINDLER

No. 40A01-0206-CV-200.

796 N.E.2d 335 (2003)

Frank O'BANNON, Governor of the State Of Indiana, John Hamilton, Secretary, Indiana Family and Social Services Administration, Melanie Bella, Assistant Secretary, Office of Medicaid Policy And Planning, Janet Corson, Director, Division of Mental Health, Steve Cook, Director, Division of Disability, Aging, and Rehabilitative Services, Appellants-Defendants, v. Richard SCHINDLER, by his Sister and Guardian, Carolyn Ernstberger, Nancy Egner, by her Mother and Guardian Frances Egner, Frank Migliano, by his Parents and Health Care Representatives Frank and Joyce Migliano, Gary Tuttle, by his Parent and Guardian Ruth Tuttle, Amanda Brewer, by Her Guardian Miriam Ogan, Philip Pratt by his Parents and Guardians James and Barbara Pratt, and Muscatatuck Association for Retarded Citizens, Appellees-Plaintiffs.

Court of Appeals of Indiana.

Rehearing Denied November 10, 2003 and December 11, 2003.


Attorney(s) appearing for the Case

Arend J. Abel, Sandra L. Blevins, Indianapolis, IN, Attorneys for Appellants.

David F. McNamar, Indianapolis, IN, Donald B. Kite, Carmel, IN, Attorneys for Appellees.


OPINION

HOFFMAN, Senior Judge.

Defendants-Appellants, various officials of the executive branch of the State of Indiana (collectively, "the State"), appeal the trial court's grant of the preliminary injunction requested by a class consisting of current and former patients of Muscatatuck State Development Center. We affirm in part and reverse in part.

The State raises five issues for our review, which we consolidate and restate as:

I. Whether...

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