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CENTER FOR LEGAL ADVOCACY v. HAMMONS

No. 01-1574.

323 F.3d 1262 (2003)

CENTER FOR LEGAL ADVOCACY dba The Legal Center for People with Disabilities and Older People aka The Legal Center, Colorado's Protection and Advocacy System, P & A System, Plaintiff-Appellant, v. Marva Livingston HAMMONS, in her official capacity as Executive Director of the Colorado Department of Human Services; Robert B. Rossi, in his official capacity as Manager, Office of Direct Services of the Colorado Department of Human Services; Robert L. Hawkins, in his official capacity as Superintendent of the Colorado Mental Health Institute at Pueblo; and Colorado Mental Health Institute at Pueblo, Defendants-Appellees. National Association of Protection and Advocacy Systems, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

March 27, 2003.

Attorney(s) appearing for the Case

Mark J. Ivandick (Terry L. Fowler with him on the briefs), Denver, CO, for Plaintiff-Appellant.

Beverly Fulton, First Assistant Attorney General, Human Services Unit, State Services Section, Denver, CO (Ken Salazar, Attorney General, Denver, CO, with her on the brief), for Defendant-Appellee.

Sandra L. Gomez, Protection & Advocacy System, Inc., Albuquerque, NM, and Gary P. Gross, National Association of Protection and Advocacy Systems, Washington, DC, filed an amicus curiae brief for the National Association of Protection and Advocacy Systems.

Before BRISCOE, ANDERSON, and LUCERO, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

This case involves the single issue of whether plaintiff, Center for Legal Advocacy ("CLA"), is entitled, under the Protection and Advocacy for Mentally Ill Individuals Act ("PAMII"), 42 U.S.C. §§ 10801-10851, to peer review and quality assurance records it seeks in connection with its investigation into the suicides and attempted suicide of mental health care patients, or whether such access is barred by Colorado statutes...

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