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TENNESSEE PROTECTION & ADVOCACY v. WELLS

No. 02-6221.

371 F.3d 342 (2004)

TENNESSEE PROTECTION & ADVOCACY, INC., Plaintiff-Appellant, v. Jon A. WELLS, Esquire; Ronald Bruce Arrison; and King's Daughters & Sons Nursing Home, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 9, 2004.

Attorney(s) appearing for the Case

Gary Housepian (argued and briefed), J. Page Garrett (briefed), Tennessee Protection & Advocacy, Inc., Nashville, TN, for Plaintiff-Appellant.

Tyree B. Harris, IV (argued and briefed), Willis & Knight, Brigid M. Carpenter (argued and briefed), Baker, Donelson, Bearman, Caldwell & Berkowitz, Nashville, TN, for Defendant-Appellee.

Ronald L. Smith (briefed), Michael Kirkman (briefed), Ohio Legal Rights Service, Columbus, OH, for Amicus Curiae.

Before: BOGGS, Chief Judge; DAUGHTREY, Circuit Judge; and ALDRICH, District Judge.

DAUGHTREY, J. (pp. 352-53), delivered a separate dissenting opinion.

OPINION

BOGGS, Chief Judge.

Tennessee Protection & Advocacy, Inc. (TP & A) is a federally-mandated independent non-profit agency that investigates allegations of abuse against the disabled. It appeals the district court's holding that one of its clients, Martin Earle Bentley, is not covered under the Developmental Disabilities Assistance and Bill of Rights Act (DD Act),...

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