ARC OF WASH. STATE INC. v. BRADDOCK

No. 03-35605.

403 F.3d 641 (2005)

The ARC OF WASHINGTON STATE INC., a Washington Corporation on behalf of its members; Guadalupe E. Cano, by and through her guardian Delia C. Cano; Olivia Murguia, by and through her guardian Teri L. Hewett; Lorianne V. Ludwigson, by and through her guardians Donald and Sheryl Ludwigson, Plaintiffs-Appellants, v. Dennis BRADDOCK, in his official capacity as the Secretary of the Washington Department of Social and Health Services; Department of Social & Health Services State of Washington; Financial Management Office of the State of Washington; Marty Brown, in his official capacity as Director of the Washington Office of Financial Management; Timothy R. Brown, in his official capacity as the Director of the Washington State Division of Developmental Disabilities; Developmental Disabilities Division; Christine Gregoire, in her capacity as Governor of the State of Washington, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted March 29, 2005.

Filed March 29, 2005.


Attorney(s) appearing for the Case

Larry A. Jones, Law Offices of Larry A. Jones, Susan Delanty Jones, Preston Gates & Ellis LLP, Seattle, WA, for the plaintiffs-appellants.

William M. Van Hook and Edward J. Dee, Assistant Attorneys General, Office of the Attorney General, Olympia, WA, for the defendants-appellees.

Before: KOZINSKI, FERNANDEZ, and CLIFTON, Circuit Judges.


FERNANDEZ, Circuit Judge.

The Arc of Washington State, Inc., and three developmentally disabled individuals (collectively Arc) appeal the grant of partial summary judgment against them, decertification of a class, and dismissal of their action against the Washington State Department of Social and Health Services, and others, (collectively DSHS). Arc claims that the district court committed numerous errors, including a ruling against Arc on the claim that Title II...

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