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JOHNSON v. FLORIDA

Nos. 02-13499, 02-14670.

348 F.3d 1334 (2003)

Miller Frank JOHNSON, Lloyd Koger, et al., Plaintiffs-Appellees, United States of America, Intervenor-Plaintiff-Appellee, v. State of FLORIDA, et al., Intervenor-Defendants, Kathleen Kearney, Secretary, Department of Children and Families, Intervenor-Defendant-Appellant. Miller Frank Johnson, Lloyd Koger, et al., Plaintiffs-Appellees, United States of America, Intervenor-Plaintiff-Appellee, v. Dick Bradley, G. Pierce Wood Memor, et al., Defendants-Appellants, State of Florida, Jeb Bush, Governor of the State of Florida, et al., Intervenor-Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Decided October 29, 2003.

Attorney(s) appearing for the Case

Jason Vail, Tallahassee, FL, Thomas B. York, Dilworth Paxson, LLP, Harrisburg, PA, Steven B. Goodman, Dilworth Paxson, LLP, Philadelphia, PA, for Appellants.

James K. Green, James K. Green, P.A., West Palm Beach, FL, Lisa Wilson Edwards, Mark L. Gross, U.S. Dept. of Justice, Civ. Rights Div., Washington, DC, Robin Lynn Rosenberg, Holland & Knight, LLP, Saint Petersburg, FL, Steven J. Schwartz, Center for Republic Representation, Northampton, MA, for Appellees.

Before ANDERSON and COX, Circuit Judges, and NANGLE, District Judge.

ANDERSON, Circuit Judge:

These consolidated cases arise out of litigation against the State of Florida ("the State") over conditions at a former state-run mental health facility, G. Pierce Wood Memorial Hospital ("GPW"), which closed in February 2002. In the first case, # 02-13499 ("the Consent Decree case"), the State1 challenges the district court's refusal to lift all conditions of a Consent Decree under which GPW was subject to court...

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