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VIRGINIA OFFICE FOR PROTECTION AND ADVOC. v. REINHARD

No. 04-1795.

405 F.3d 185 (2005)

VIRGINIA OFFICE FOR PROTECTION AND ADVOCACY, Plaintiff-Appellee, v. DR. James REINHARD, in his official capacity as Commissioner of the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 6, 2005.

Attorney(s) appearing for the Case

ARGUED: William Eugene Thro, State Solicitor General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellant. Jonathan Gerald Martinis, Virginia Office for Protection and Advocacy, Rights of Virginians with Disabilities, Richmond, Virginia, for Appellee. ON BRIEF: Jerry W. Kilgore, Attorney General of Virginia, Maureen Riley Matsen, Deputy State Solicitor General, Ronald N. Regnery, Associate State Solicitor General, Jane D. Hickey, Senior Assistant Attorney General, Allyson K. Tysinger, Assistant Attorney General, Richmond, Virginia, for Appellant.

Before WILKINS, Chief Judge, NIEMEYER, Circuit Judge, and Samuel G. WILSON, United States District Judge for the Western District of Virginia, sitting by designation.

Vacated by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge NIEMEYER and Judge WILSON joined. Judge WILSON wrote a seperate concurring opinion.

OPINION

WILLIAM W. WILKINS, Chief Judge:

Commissioner James Reinhard (the Commissioner) appeals an award of attorneys' fees in an action brought against him in his official capacity as head of the Virginia Department of Mental Health, Mental...

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