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GRANT EX REL. FAMILY ELDERCARE v. GILBERT

No. 01-51120.

324 F.3d 383 (2003)

Ernest GRANT, by His Guardian, FAMILY ELDERCARE, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. Don R. GILBERT, in His Official Capacity as the Commissioner of the Texas Health and Human Services Commission; Karen Hale, in Her Official Capacity as the Commissioner of the Texas Department of Mental Health and Mental Retardation; and Eric M. Bost, in His Official Capacity as the Commissioner of the Texas Department of Human Services, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 24, 2003.

Attorney(s) appearing for the Case

Garth Anthony Corbett (argued), Beth L. Mitchell, Advocacy Inc., Austin, TX, for Plaintiff-Appellant.

Heather Leigh Horton, Asst. Atty. Gen., Edwin N. Horne (argued), Austin, TX, for Defendants-Appellees.

Before GARWOOD, SMITH and BARKSDALE, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Ernest Grant, a mentally retarded nursing home resident, sued three Texas state officers in their official capacities for failing to provide him with adequate information about community-based placement alternatives to nursing home care. Grant claims that without this information, he and others similarly situated are unable to make fully informed decisions regarding their living options. Before considering Grant's motion for class certification...

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