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FREDERICK L. v. DEPT, PUBLIC WELFARE, PA

No. 02-3721.

364 F.3d 487 (2004)

FREDERICK L.; Nina S.; Kevin C.; Steven F., on Behalf of Themselves and all Persons Similarly Situated, Appellants v. DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA; Feather O. Houstoun, in Her Official Capacity as Secretary of Public Welfare for the Commonwealth of Pennsylvania.

United States Court of Appeals, Third Circuit.

Filed April 13, 2004.

Attorney(s) appearing for the Case

Robert W. Meek, Mark J. Murphy (Argued), Robin Resnick, Disabilities Law Project, Philadelphia, PA, for Appellants.

D. Michael Fisher, Attorney General, Claudia M. Tesoro (Argued), Senior Deputy Attorney General, Calvin R. Koons, Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Office of Attorney General of Pennsylvania, Philadelphia, PA, for Appellees.

Robert D. Fleischner, Northampton, MA, for Amici-Appellants.

Before SLOVITER, ROTH, and CHERTOFF, Circuit Judges.

SLOVITER, Circuit Judge.

Appellants represent a class of mental health patients institutionalized in the Norristown State Hospital, a large congregate psychiatric hospital located in southeast Pennsylvania, who are qualified for and wish to be placed in a community-care setting.1 They seek declaratory and permanent injunctive relief to remedy what they claim are violations of their federal statutory rights to a more accelerated program...

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